Our questions are as follow:
1. Can INS deport Ed based on the dismissed conviction of 242/243(e)(1)?
Yes, he can.
2. If not, can we just file a motion to terminate the removal proceeding based on the fact that he was not convicted of 242/243(e)(1) and instead he was convicted of...
Well, like it or not, there is a strong double standard within our society, and when it's a female as the aggressor and the male as the "victim" (which many don't really consider the former boy), the likelihood of the female getting away with it, is high.