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· 7/1/2002

MAGALLANES

Citations

  • 22 I. & N. Dec. 1

Syllabus

MAGALLANES, 22 I&N Dec. 1 (BIA 1998), overruled by, 23 I&N Dec. 336 (BIA 2002) ID 3341 (PDF) An alien who was convicted of aggravated driving while under the influence and sentenced to 2½ years in prison was convicted of a \crime of violence\ within the meaning of section 101(a)(43)(F) of the Immigration and Nationality Act (to be codified at 8 U.S.C. § 1101(a)(43)(F)), and therefore is deportable under section 241(a)(2)(A)(iii) of the Act, 8 U.S.C. § 1251(a)(2)(A)(iii)(1994), as an alien convicted of an aggravated felony.

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