United States First Circuit

A Board of Immigration Appeals decision to remove a lawful permanent resident is upheld against petitioner for being an alien convicted of an aggravated felony, since his conviction for third degree sexual assault in Rhode Island constituted a "crime of violence" under 18 U.S.C. 16(b), since it involved a substantial risk of physical force.

Appellate Information

• Decided 02/16/2006
• Published 02/16/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips with whom William M. Sneed, Sidley Austin Brown & Wood L.L.P., Richard A. Johnston and Wilmer Cutler Pickering Hale and Dorr LLP were on brief for appellant., Matthew T. Wulf, Debra J. Hall, and Cynthia J. Lamar on brief for Reinsurance Association of America, Amicus Curiae.


• For Appellees:
  
• John A. Nadas with whom David A. Attisani, Robert A. Kole, Eric B. Hermanson and Choate, Hall & Stewart were on brief for appellee.