SOLICITATION - SOLICITATION OF A SEXUAL ACT

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 Illinois
law, 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).

jurisdiction: 
Seventh Circuit

SOLICITATION - DRUG TRAFFICKING

United States v. Rivera-Sanchez, 247 F.3d
905 (9th Cir. Apr.

jurisdiction: 
Ninth Circuit

SOLICITATION - DRUG TRAFFICKING

Leyva-Licea v. INS, 187 F.3d 1147 (9th
Cir. Aug. 19, 1999) (Arizona conviction for solicitation to
possess marijuana for sale in violation of Ariz. Rev. Stat.
§ 13-1002(A), 13-3405(A)(2)(B)(5), did not constitute an
aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.

jurisdiction: 
Ninth Circuit

SEXUAL ABUSE OF A MINOR - RAPE OF A CHILD

Sango-Dema v. District
Director, INS, 122 F.Supp.2d 213 (D.Mass. Nov. 20, 2000) (Massachusetts
conviction for rape of a child, under Mass. Gen. L. ch. 265,
§ 23, with sentence of two and a half years in custody, constitutes
"sexual abuse of a minor," an aggravated felony
under INA § 101(43)(A), 8 U.S.C. 1101(43)(A), for removal
purposes).

jurisdiction: 
Lower Courts of First Circuit

SEXUAL ABUSE OF A MINOR - RISK OF INJURY

Santapaola v. Ashcroft,
249 F.Supp.2d 181 (D.Conn. Mar. 13, 2003) (Connecticut conviction
for risk of injury, in violation of Conn. Gen.Stat. § 53-21(1),
constituted an aggravated felony conviction for "sexual
abuse of a minor" within meaning of INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), as a ground of deportation).

jurisdiction: 
Lower Courts of Second Circuit

SEXUAL ABUSE OF A MINOR - UNLAWFUL SEXUAL CONTACT

Singh v. Ashcroft,
383 F.3d 144 (3d Cir. Sept. 17, 2004) (Delaware conviction
of unlawful sexual contact in the third degree under Del.
C. § 767, penalizing "sexual contact with another person
[with knowledge] that the contact is either offensive to the
victim or occurs without the victims consent," does
not constitute sexual abuse of a minor under INA § 101(a)(43)(A),
8 U.S.C.

jurisdiction: 
Third Circuit

SEXUAL ABUSE OF A MINOR - INDECENT LIBERTIES WITH A CHILD

United
States v. Izaguirre-Flores, 405 F.3d 270 (5th Cir. Mar. 31,
2005) (North Carolina conviction for taking indecent liberties
with a child, in violation of North Carolina General Statute
§ 14-202.1(a)(1) - "being 16 years of age or more and
at least five years older than the child in question, he .
. .

jurisdiction: 
Fifth Circuit

SEXUAL ABUSE OF A MINOR - INDECENCY WITH CHILD BY EXPOSURE

United
States v. Zavala-Sustaita, 214 F.3d 601 (5th Cir. June 13,
2000), cert. denied, 531 U.S. 982, 121 S.Ct. 434 (2000) (Texas
conviction of sexual indecency with a child by exposure under
Texas Penal Code § 21.11(a)(2), constitutes an aggravated
felony "sexual abuse of a minor" under INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), for purposes of the aggravated
felony sentencing enhancement, U.S.S.G.

jurisdiction: 
Fifth Circuit

SEXUAL ABUSE OF A MINOR - INDECENT SOLICITATION OF A CHILD

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).

jurisdiction: 
Seventh Circuit

SEXUAL ABUSE OF A MINOR - SOLICITATION OF A SEXUAL ACT

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).

jurisdiction: 
Seventh Circuit

 

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