Aggravated Felonies

The sexual abuse of a minor category clearly requires that the offense have an element of “abuse.”  The federal definition adopted by the BIA as a guide appears to be the most broad, apparently even including consensual intercourse with a person just one day short of 18 years old.[624]  See § 5.70(B), supra.  Other courts have defined abuse as “to use wrongly or improperly,”[625] to “misuse . . . to use or treat so as to injure, hurt, or damage . . . to commit indecent assault on . . . the act of violating sexually . . [and] rape or indecent assault not amounting to rape,”[626] to “take unfair or undue advantage of” or “to use or treat so as to injure, hurt, or damage.”[627]

[624] See Mugalli v. Ashcroft, 258 F.3d 52 (2d Cir. July 10, 2001).

[625] United States v. Londono-Quintero, 289 F.3d 147, 153 (1st Cir. May 6, 2002), quoting Random House Webster’s Unabridged Dictionary, 9 (2d Ed. 1987).

[626] United States v. Pallares-Galan, 359 F.3d 1088, 1100 (9th Cir. 2004), quoting Webster’s Third New International Dictionary 8 (3d Ed.1981).

[627] United States v. Izaguirre-Flores, 405 F.3d 270, 275 (5th Cir. Mar. 31, 2005), quoting Webster’s Third New International Dictionary 8 (1986).