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CONTEH v. GONZALES

No. 05-1282.

461 F.3d 45 (2006)

John CONTEH, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided August 22, 2006.

Attorney(s) appearing for the Case

Maunica Sthanki, with whom Theodore N. Cox was on brief, for petitioner.

Margot Nadel, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Before SELYA, Circuit Judge, HUG, Senior Circuit Judge, and HOWARD, Circuit Judge.

SELYA, Circuit Judge.

This case requires us to answer, for the first time, the question of how to determine whether an alien has been convicted of an aggravated felony for purposes of the Immigration & Nationality Act (INA). Following what it termed a "modified categorical approach," the Board of Immigration Appeals (BIA) concluded, based on an array of materials, that the petitioner's conviction for conspiracy to commit...

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