Phong Thanh Nguyen v. Chertoff
Court of Appeals for the Second Circuit
1Opinion of the Court
REENA RAGGI, Circuit Judge:
Vietnamese national Phong Thanh Nguyen is a legal permanent resident of the United States who, in 1989, two years after entering this country, pleaded guilty to a disturbing crime: the rape of a five-year-old child. Although Nguyen’s rape conviction did not then render him deportable as an aggravated felon pursuant to 8 U.S.C. § 1251(a)(4) (1988), it did render him de-portable for the commission of a crime of moral turpitude, see id 3 A state sentencing judge, however, effectively shielded Nguyen from removal on either ground by issuing a judicial recommendation…
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