Matter of B, 21 I. &
N. Dec. 287 (BIA Mar. 28, 1996) (Maryland conviction for second-degree
statutory (not forcible) rape under Article 27, section 463(a)(3)
of the Annotated Code of Maryland, with a 10-year sentence,
constitutes a "crime of violence" under 18 U.S.C.
§ 16(b), and, hence, an "aggravated felony" under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since whenever
an older person attempts to sexually touch a child under the
age of consent, there is invariably a substantial risk that
physical force will be wielded to ensure the childs compliance),
distinguished by Xiong v. INS, 173 F.3d 601 (7th Cir. Apr.
12, 1999).

jurisdiction: 
BIA

 

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