Ramirez v. Mukasey, 1st Cir. Mar. 14, 2008
07-1655 Ramirez v. Mukasey
Before Lynch, Circuit Judge, John R. Gibson,1 Senior Circuit Judge, and Howard, Circuit Judge.
JOHN R. GIBSON, Senior Circuit Judge. Felipe Ramirez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order of removal. The BIA found that Ramirez’s 1999 conviction for indecent assault and battery on a person fourteen years or older, Mass. Gen. Laws ch. 265, § 13H, was an aggravated felony, 8 U.S.C. § 1101(a)(43)(F), which rendered Ramirez removable and ineligible for any form of relief from removal. Ramirez contends that the crime for which he was convicted includes battery by merely offensive–not harmful– touching, and therefore should not be classified as a crime of violence under 18 U.S.C. § 16, or, it follows, as an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). Although this precise question has not been decided by this Circuit, earlier cases foreshadowing the question persuade us to reject Ramirez’s argument. We deny the petition for review. … Ramirez v. Mukasey.
- Hon. John R. Gibson, of the Eighth Circuit, sitting by designation. [↩]
