Serge Chery v. John Ashcroft, United States Attorney General
Court of Appeals for the Second Circuit
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
Serge Chery was convicted of Sexual Assault in the Second Degree in violation of Conn. Gen.Stat. § 53a-71. Based on Chery’s conviction, the Immigration and Naturalization Service (“INS”) held a removal hearing. The Immigration Judge (“IJ”) found that Chery’s conviction was an aggravated felony (more specifically, a “crime of violence”) under 8 U.S.C. § 1101(a)(43)(F). The Board of Immigration Appeals (“BIA”) affirmed, finding that the Connecticut statute, “ § 53a-71, by its nature, involves substantial risk that phys ical force against the victim may be used in the…
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