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SINGH v. ASHCROFT

No. 03-1532.

383 F.3d 144 (2004)

Khaimraj SINGH Petitioner v. John ASHCROFT, Attorney General of the United States of America.

United States Court of Appeals, Third Circuit.

Decided September 17, 2004.

Attorney(s) appearing for the Case

James J. Orlow, David Kaplan (Argued), Orlow & Orlow, Philadelphia, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Anthony P. Nicastro (Argued), Trial Attorney, Christopher C. Fuller, Lyle D. Jentzer, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: AMBRO, BECKER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Khaimraj Singh, a Guyanan national, petitions for review of a final order of removal grounded upon the determination that he is an aggravated felon on account of his conviction for touching the breast of his cousin, who was under sixteen years of age. The offense of conviction was 11 Del. C. § 767, "Unlawful sexual contact in the third degree," which provides:

A person is guilty of unlawful sexual...

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