Aggravated Felonies

The aggravated felony definition includes “sexual abuse of a minor.”[547]  Note that there is no requirement that a one-year sentence be imposed in order for sexual abuse of a minor to be an aggravated felony.  This aggravated felony category therefore has the following elements:

            (1)  a conviction of an offense that is

            (2)  sexual (see § 5.71, infra)

            (3)  abuse (see § 5.72, infra)

            (4)  of a minor (see § 5.73, infra).

If any of these elements cannot be shown by clear and convincing evidence, the conviction cannot trigger deportability under this category.

In researching cases on the definition of sexual abuse of a minor, counsel should look not only to cases dealing with the aggravated felony definition, [548] but also to cases that define “sexual abuse of a minor” as part of the definition of “crimes of violence” under the United States Sentencing Guidelines provision governing sentences for unlawful re-entry into the United States following a felony conviction.[549] 

[547] INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A).

[548] INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A).

[549] U.S.S.G. § 2L1.2.  See § 4.40, supra.