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MUGALLI v. ASHCROFT

No. 00-4063.

258 F.3d 52 (2001)

Abdulkhaleq MUGALLI, Petitioner, v. John ASHCROFT, Attorney General of The United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2001.

Attorney(s) appearing for the Case

Robert D. Kolken, Sacks & Kolken, Buffalo, N.Y. (Eric W. Schultz, on the brief), for Petitioner.

Edward Chang, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney, Gideon Schor, on the brief), for Respondent.

Before: PARKER, SACK, and KATZMANN, Circuit Judges.

SACK, Circuit Judge.

In this appeal, we must determine whether a conviction for the New York equivalent of "statutory rape" under New York Penal Law § 130.25-2 constitutes an "aggravated felony" within the meaning of 8 U.S.C. §§ 1227(a)(2)(A)(iii) and 1101(a)(43). Deferring as we must to the Board of Immigration Appeals' reasonable interpretation of the immigration laws, we conclude that it does. We also must determine whether a Certificate of Relief...

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