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XIONG v. I.N.S.

No. 97-3402.

173 F.3d 601 (1999)

Chue XIONG, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 1999.

Attorney(s) appearing for the Case

Derrick M. Ford, Soo J. Choi, Northwestern University Legal Clinic, Christopher J. Greeno (argued), John R. O'Neil, Kirkland & Ellis, Chicago, IL, for Petitioner-Appellant.

Samuel Der-Yeghiayan, Immigration & Naturalization Service, Chicago, IL, Mary J. Candaux, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, Nelda Reyna (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent-Appellee.

Before BAUER, DIANE P. WOOD, and EVANS, Circuit Judges.

BAUER, Circuit Judge.

On May 4, 1995, Chue Xiong ("Xiong") was sentenced to five years of imprisonment for violating Wis. Stat. § 948.02(2), which makes it a Class BC felony for someone to have "sexual contact or sexual intercourse with a person who has not attained the age of 16 years." Wis. Stat. § 948.02(2). On August 5, 1996, an immigration judge ("IJ") held that Xiong had been convicted of a crime of violence, and that he was, therefore, deportable...

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