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Ramsey v. INS, 55 F.3d 580 (11th Cir. 1995)

Case Conclusion Date: 06.21.1995

Practice Area: Immigration

Outcome: Attempted Lewd Assault in Florida is A Crime of Violence

Description: Mr. Ramsey was convicted of two counts of attempted lewd assault in Florida and ordered deported as an aggravated felon after his application for a waiver of deportability pursuant to Section 212(c) of the Immigration and Nationality Act (INA) was denied. We argued on appeal to the Board of Immigraton Appeals (BIA) that one or Mr. Ramsey's convictions was not an aggravated felony becuase it occured prior to the 1990 amendmendments to the INA which created the crime of violence aggravated felony ground and that his second conviction was not a crime of violence. We also argued notwithstanding that Mr. Ramsey should have been granted a 212(c) waiver in the exercise of discretion. The BIA reviewed the case de novo and agreed the the first conviction was not an aggravated felony due to its age, but that the second conviction was a crime of violence thereby making Mr. Ramsey deportable as an aggravated felon. It further held that Mr. Ramsey was not deserving of a 212(c) waiver in the exercise of discretion. On appeal to the 11th Circuit Court of Appeals the Court held that the Florida Crime of Attempted Lewd Assault was a crime of violence and therefore Mr., Ramsey's second conviction was an aggravated felony. It further held that the BIA had not abused its discretion in denying the 212(c) waiver.

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