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AGUILAR v. ATTORNEY GENERAL OF U.S.

No. 10-3926.

663 F.3d 692 (2011)

Victor Jair AGUILAR, Petitioner, v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed November 29, 2011.

Attorney(s) appearing for the Case

Wayne P. Sachs [Argued], Philadelphia, PA, for Petitioner.

Eric H. Holder, Jr. , Thomas W. Hussey , Rebecca H. Phillips [Argued], Ann C. Varnon , United States Department of Justice, Office of Immigration Lit., Civ. Div., Washington, DC, for Respondent.

Before: RENDELL, JORDAN and BARRY, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Victor Aguilar petitions for review of a decision of the Board of Immigration Appeals ("BIA") ordering that he be removed because he was convicted of "sexual assault" under 18 PA. CONS.STAT. § 3124.1 ("§ 3124.1"), which the BIA determined was a crime of violence under 18 U.S.C. § 16(b) ("§ 16(b)"), and therefore an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). Aguilar asserts that...

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