Rivas-Gomez v. Gonzales, 441 F.3d 1072 (9th Cir. April 3, 2006) (statutory rape comes within the definition of aggravated felony "rape"), opinion withdrawn on denial of rehearing as moot, 2007 WL 851336 (9th Cir. March 22, 2007), opinion superseded, 2007 WL 851768 (9th Cir. March 22, 2007) (unpublished) (IJ erred when he applied the "extreme hardship" standard to deny a waiver of inadmissibility for asylees under INA 209(c), 8 U.S.C. 1159(c), without first making a determination based on the facts underlying Rivass conviction that Rivass crime was violent or dangerous; withdrawing discussion of rape), citing In re KA, 23 I. & N. Dec. 661, 666 (BIA 2004).

jurisdiction: 
Ninth Circuit

 

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