Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: January 24, 2001

Abdulkhaleq Mugalli petitions this Court for review of a decision of the Board of Immigration Appeals affirming an order of an immigration judge ordering Mugalli’s removal to Yemen because he is an alien who had been convicted of an “aggravated felony” under 8 U.S.C. �� 1227(a)(2)(A)(iii) and 1101(a)(43)(A) by virtue of his conviction in a New York State court for the New York equivalent of “statutory rape.” Petition dismissed.

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 petitioner from any immigration consequences of his conviction. We conclude that it does not.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

The Asia Legal Awards (ASLA) 2023

March 30, 2023

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.

Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.

Learn More

Consulting Rising Stars of the Profession 2023

April 20, 2023
Chicago, IL

Consulting magazine is proud to recognize this unique group of movers & shakers at our annual Rising Stars of Profession awards.

Learn More


0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Great opportunity for advancement. Salary will be commen...

Apply Now ›

Litigation Associate (Hybrid Schedule)

Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. The candi...

Apply Now ›

Corporate Associate (Hybrid Schedule)

Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. The ideal candidate will hav...

Apply Now ›



Aaronson Rappaport Feinstein & Deutsch, LLP mourns the loss of cofounder and original Managing Partner, Mark B. Feinstein.

View Announcement ›



Lawyers of Distinction would like to announce...

View Announcement ›



Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...

View Announcement ›