United States Ninth Circuit

An Oregon conviction for rape in the third degree, or "sexual intercourse with another person under 16 years of age," constitutes an aggravated felony for purposes of removal. A petition for review from order terminating asylee status and requiring removal is granted in part where the immigration judge erred in applying an "extreme hardship" standard to petitioner's waiver application.

Appellate Information

• Argued 11/05/2004
• Decided 04/03/2006
• Published 04/03/2006

Judges

• TROTT, Circuit Judge., Before EDWARD LEAVY, STEPHEN S. TROTT, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Philip Smith, Portland, OR, for the petitioner., Nicole Hope Nelson, Hecht & Smith, LLP, Portland, OR, for the petitioner.


• For Appellees:
  
• Leslie McKay, U.S. Department of Justice, Washington, D.C., for the respondent., Keith Bernstein, U.S. Department of Justice, Washington, D.C., for the respondent.