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JEAN-LOUIS v. ATTORNEY GENERAL OF U.S.

No. 07-3311.

582 F.3d 462 (2009)

Lyonel JEAN-LOUIS, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES of America, Respondent.

United States Court of Appeals, Third Circuit.

Filed: October 6, 2009.

Attorney(s) appearing for the Case

Craig R. Shagin, Esq., [Argued], The Shagin Law Group, Harrisburg, PA, for Petitioner.

Kevin J. Conway, Esq., [Argued], Richard M. Evans, Esq., Brooke M. Maurer, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: RENDELL and ROTH, Circuit Judges and HAYDEN, District Judge.

OPINION OF THE COURT

RENDELL, Circuit Judge.

We are called upon to decide whether simple assault under Pennsylvania law, where the victim is under 12 years of age and the assailant is over 20 years of age, is a crime involving moral turpitude for purposes of cancellation of removal. In doing so we must address a recent opinion of the Attorney General that adopts a novel framework for determining whether a petitioner...

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