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Mugalli v. Ashcroft

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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.

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