Criminal Defense of Immigrants


§ 19.88 1. Sexual Element

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This category requires sexual abuse, so there must be some element involving sex.  The courts that have independently defined the term “sexual” generally agree that the term means “of, relating to, or associated with sex as a characteristic of an organic being.”[960]  This may mean a sexual act or a sexual intent.  Counsel should argue that the aggravated felony definition requires both.


[960] United States v. Izaguirre-Flores, 405 F.3d 270, 275 (5th Cir. Mar. 31, 2005), quoting Webster’s Third New International Dictionary 2082 (1986).  See also United States v. Londono-Quintero, 289 F.3d 147 (1st Cir. May 6, 2002);