Abdulkhaleq Mugalli v. John Ashcroft, Attorney General of the United States

SACK, Circuit Judge.

In this appeal, we must determine whether a conviction for the New York equivalent of “statutory rape” under New York Penal Law § 130.25-2 constitutes an “aggravated felony” within the meaning of 8 U.S.C. §§ 1227(a) (2) (A) (iii) and 1101(a)(43). Deferring as we must to the Board of Immigration Appeals’ reasonable interpretation of the immigration laws, we conclude that it does. We also must determine whether a Certificate of Relief from Disabilities issued pursuant to § 701 of the New York Corrections Law by the New York court in which Mugalli was convicted immunizes the…