Costa v. Holder, 611 F.3d 110 (2d Cir. Jul. 2, 2010) (Connecticut conviction for violation of C.G.S. 53a-71, second-degree sexual assault, is an aggravated felony crime of violence for immigration purposes, since when the victim cannot consent-the statute inherently involves a substantial risk that physical force may be used in the course of committing the offense.), following Chery v. Ashcroft, 347 F.3d 404 (2d Cir. 2003).

Note: The court rejected the argument that the statute was divisible because some portions of the statute could be committed against a minor just shy of 18 years old.

jurisdiction: 
Second Circuit

 

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