The National Immigrant Justice Center successfully argued in Szucz-Toldy v. Gonzales that the agency erred in treating alleged (not proven) facts as elements of a crime, and relying upon those alleged facts to determine whether a crime is an aggravated felony.
Read the Seventh Circuit Court of Appeals decision, 400 F.3d 978 (7th Cir. 2005).
NIJC has a new Chicago address at 111 W. Jackson Blvd, Suite 800, Chicago, IL 60604 and a new email domain at @immigrantjustice.org.