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LEVESQUE v. LYNCH

No. 14-2251.

802 F.3d 152 (2015)

Juliet ROSE MCKENZIE LEVESQUE, Petitioner, v. Loretta E. LYNCH, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

September 18, 2015.

Attorney(s) appearing for the Case

Tricia A. Quest and Moretti Perlow & Bonin Law Offices on brief for petitioner.

Lindsay M. Murphy , Trial Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, Benjamin C. Mizer , Acting Assistant Attorney General, Civil Division, and Song Park , Senior Litigation Counsel, on brief for respondent.

Before HOWARD, Chief Judge, LIPEZ and BARRON, Circuit Judges.

At issue in this immigration case is whether an individual must serve a "term of imprisonment" to have committed an "aggravated felony" as that term is defined in 8 U.S.C. § 1101(a)(43). Relying on the plain language of the statute, we hold that a federal or state conviction can constitute an "aggravated felony" under this law...

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