Legal Opinion

Phong Thanh Nguyen v. Chertoff

Court of Appeals for the Second Circuit

Decided September 13, 2007No. Docket 05-3250-agPublishedCited by 36 opinions

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…

2Cases cited29 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
  5. Lorillard v. PonsSupreme Court of the United States · 1978

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3Cited by36 opinions

  1. Harris v. City of New YorkCourt of Appeals for the Second Circuit · 2010
  2. Dobrova v. HolderCourt of Appeals for the Second Circuit · 2010
  3. Pierre v. HolderCourt of Appeals for the Second Circuit · 2009
  4. Chupina v. HolderCourt of Appeals for the Second Circuit · 2009
  5. Savchuck v. MukaseyCourt of Appeals for the Second Circuit · 2008

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