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Chinese Citizen's Misdemeanor Assault Does Not Justify Removal Under Crime of Violence; Entitled to Fees Under EAJA

China native and permanent U.S. resident Hua Fang's misdemeanor assault in Montana led a U.S. Immigration Judge (IJ) to order his deportation. The Board of Immigration Appeals (BIA) affirmed the order without opinion. On review, the Ninth Circuit reversed the order and awarded Fang attorney fees and expenses.

Fang's misdemeanor ...

 

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