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CHERY v. ASHCROFT

Docket No. 02-2652.

347 F.3d 404 (2003)

Serge CHERY, Petitioner-Appellee, v. John ASHCROFT, United States Attorney General, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2003.

Attorney(s) appearing for the Case

Janice K. Redfern, Office of Immigration Litigation, United States Department of Justice, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C.; Christopher C. Fuller, Senior Litigation Counsel, United States Department of Justice, Washington, D.C.) for Respondent-Appellant.

Michael G. Moore, Springfield, MA, for Petitioner-Appellee.

Before: VAN GRAAFEILAND, McLAUGHLIN and CABRANES, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Serge Chery was convicted of Sexual Assault in the Second Degree in violation of Conn. Gen.Stat. § 53a-71. Based on Chery's conviction, the Immigration and Naturalization Service ("INS") held a removal hearing. The Immigration Judge ("IJ") found that Chery's conviction was an aggravated felony (more specifically, a "crime of violence") under 8 U.S.C. § 1101(a)(43)(F). The Board of Immigration Appeals ("BIA") affirmed, finding that...

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