Sharashidze v. Gonzales, ___ F.3d ___, 2007 WL 777666 (7th Cir. March 16, 2007)("[a]lthough petitioners generally do not have to exhause due process claims administratively, they must raise such claims when alleging procedural errors correctable by the BIA. See Capric v. Ashcroft, 355 F.3d 1075, 1087 (9th Cir. 2004)."). Compare, Singh v. Ashcroft, 383 F.3d 144 (3d Cir. Sept. 17, 2004) (Delaware conviction of unlawful sexual contact in the third degree under Del. C. 767, penalizing "sexual contact with another person," does not constitute sexual abuse of a minor because the elements of that statute do not require that the offense be committed against a minor.).

jurisdiction: 
Seventh Circuit

 

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