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Ninth Circuit Upholds Aggravated Felony Finding; Remands on 209(c) Waiver |
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The court held an Oregon conviction for third degree rape constitutes an aggravated felony under INA �101(a)(43)(A) and the IJ erred by applying the heightened Matter of Jean waiver standard to Petitioner?s �209(c) waiver application without first determining the conviction was for a "violent or dangerous" crime. (Rives-Gomez v. Gonzales, 4/3/06)
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