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LOPES v. KEISLER

No. 07-1352.

505 F.3d 58 (2007)

Jose Roberto Duarte LOPES, Petitioner, v. Peter D. KEISLER, Acting Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided October 26, 2007.

Attorney(s) appearing for the Case

Roberto Gonzalez, for petitioner.

Jennifer Levings, with whom Peter D. Keisler, Assistant Attorney General, Terri J. Scadron, Assistant Director, and Richard Zanfardino, Office of Immigration Litigation, were on brief, for respondent.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

LYNCH, Circuit Judge.

Jose Roberto Duarte Lopes, of Cape Verde, petitions for review of a decision of the Board of Immigration Appeals upholding an Immigration Judge's order of removal. At issue is whether Lopes's particular conviction for assault under Rhode Island law, R.I. Gen. Laws § 11-5-3, constitutes a crime of violence within the meaning of 18 U.S.C. § 16(a).

We hold that the BIA did not err in concluding...

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