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PHONG THANH NGUYEN v. CHERTOFF

Docket No. 05-3250-ag.

501 F.3d 107 (2007)

PHONG THANH NGUYEN, Petitioner, v. Michael CHERTOFF, Secretary of the Department of Homeland Security, Alberto Gonzales, United States Attorney General, Respondents.

United States Court of Appeals, Second Circuit.

Decided: September 13, 2007.

Attorney(s) appearing for the Case

Eric W. Schultz, Sacks, Kolken & Schultz, Buffalo, NY, for Petitioner.

Russell Verby, Assistant United States Attorney, for Terrance P. Flynn, United States Attorney, Western District of New York, Buffalo, NY, for Respondents.

Before: POOLER and RAGGI, Circuit Judges, and SAND, District Judge.

REENA RAGGI, Circuit Judge:

Vietnamese national Phong Thanh Nguyen is a legal permanent resident of the United States who, in 1989, two years after entering this country, pleaded guilty to a disturbing crime: the rape of a five-year-old child. Although Nguyen's rape conviction did not then render him deportable as an aggravated felon pursuant to 8 U.S.C. § 1251(a)(4) (1988), it did render him deportable for the commission...

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