United States v. Reve,
241 F.Supp.2d 470 (D.N.J. Jan. 31, 2003) (New Jersey conviction
of sexual assault, defined as committing an act of sexual
penetration with a victim who is at least thirteen but less
than sixteen years old and the actor is at least four years
older than the victim, in violation of former N.J.S.A. § 2C:14-2(c)(5)
(1995), recodified, N.J.S.A. § 2C:14-2(c)(4) (Supp. 2002),
did not constitute an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for purposes of revocation of naturalization,
because the offense did not have as an element using, attempting
to use, or threatening to use force against the victim, as
required by 18 U.S.C. § 16(a), and government did not argue
substantial risk under 18 U.S.C. § 16(b)).