Aguiar v. Gonzales, 438
F.3d 86 (1st Cir. Feb. 16, 2006) (Rhode Island conviction
of third-degree sexual assault, in violation of R.I. Gen.
Laws § 11-37-6 ["over the age of eighteen (18) and engaged
in sexual penetration with another person over the age of
fourteen (14) and under the age of consent, sixteen (16) years
of age"], with two-year suspended term of imprisonment,
constituted a "crime of violence" under 18 U.S.C.
16(b), since it involved a substantial risk that physical
force would be used in its commission, and was therefore an
aggravated felony crime of violence under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for deportation purposes).

jurisdiction: 
First Circuit

 

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