Sango-Dema v. District
Director, INS, 122 F.Supp.2d 213 (D.Mass. Nov. 20, 2000) (Massachusetts
conviction for indecent assault and battery on a person over
fourteen years old, in violation of Mass. Gen. L. ch. 265,
§ 13H, with sentence of three to five years suspended sentence,
constitutes a "crime of violence," an aggravated
felony under 18 U.S.C. § 16(b) and INA 101(43)(F), 8 U.S.C.
§ 1101(43)(F), for removal purposes, since "any violation
of Mass. Gen. L. ch. 256, § 13H, by its nature, presents a
substantial risk that force may be used in order to overcome
the victims lack of consent and accomplish the indecent touching.
Sutherland v. Reno, 228 F.3d 171, 176 (2d Cir. 2000).").

jurisdiction: 
Lower Courts of First Circuit

 

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