Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (applying definition of "sexual abuse" at 18 U.S.C. 3509(a)(8), the court found that solicitation of a sexual act constitutes "sexual abuse," as that section includes "inducement, enticement, or coercion.") NOTE: This case is distinguishable from the Ninth Circuit cases, such as Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir. Sep. 30, 1997) (Arizona conviction for solicitation to possess cocaine, under A.R.S. 13- 1002, was not conviction for violation of law "relating to a controlled substance," within meaning of federal deportation statute, but rather was conviction for generic crime that was distinct from underlying crime and that, unlike conspiracy or attempt, was not included in federal statute as possible basis for deportation under INA 241(a)(2)(B)(i), 8 U.S.C. 1251(a)(2)(B)(i)), since Gattem in essence finds that "solicitation" in inherent in the definition of "sexual abuse of a minor", just as it is inherent in aggravated felony alien smuggling [8 U.S.C. 274(a)(1)(A)(iv) punishes encouraging or inducing a noncitizen to enter the United States in violation of law].

jurisdiction: 
Seventh Circuit

 

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