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Federal Courts -
1st Circuit Court of Appeals - September 22 - September 26, 2006
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Berhe v. Gonzales, No. 05-1870, No. 05-2239,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 26, 2006, Decided
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Overview: BIA correctly used the hypothetical federal felony methodology in deciding if convictions qualified as aggravated felonies under 8 U.S.C.S. § 1101(a)(43); however, one alien's conviction was a felony under federal law, while the other's was not, and thus, the former was ineligible for relief while the latter was eligible and his case was remanded.
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