Aggravated Felonies
§ B.79 7. Other Sexual Offenses
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Updates
Seventh Circuit
STATUTORY RAPE - SEXUAL ABUSE OF A MINOR
Hernandez-Alvarez v. Gonzales, 432 F.3d 763 (7th Cir. Dec. 28, 2005) (Illinois conviction of indecent solicitation of a child, in violation of 720 ILCS § 5/11-6(a), constituted sexual abuse of a minor aggravated felony, under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), for deportation purposes even though the person solicited was an adult police officer rather than a minor).
STATUTORY RAPE - SEXUAL ABUSE OF A MINOR
Gattem v. Gonzalez, 412 F.3d 758 (7th Cir. June 20, 2005) (Illinois conviction of misdemeanor solicitation to engage in a sexual act, in violation of 720 ILCS § 5/11-14.1(a), is an aggravated felony sexual abuse of a minor offense for immigration purposes where the criminal complaint (and no other document) shows that the victim was under the age of 18).