LEWD ACT ON CHILD - SEXUAL ABUSE OF A MINOR

United States v. Padilla-Reyes,
247 F.3d 1158 (11th Cir. Apr. 11, 2001), cert. denied, 122
S.Ct. 256 (2001) (Florida conviction of violating Florida
Statute § 800.04, "Lewd, lascivious, or indecent assault
or act upon or in presence of child; sexual battery,"
constitutes "sexual abuse of a minor," and therefore
an aggravated felony under INA § 101(a)(43)(A), 8 U.S.C.

jurisdiction: 
Eleventh Circuit

SEXUAL BATTERY - CRIME OF VIOLENCE

Zaidi v. Ashcroft, 374 F.3d 357
(5th Cir. June 21, 2004) (Oklahoma conviction for sexual battery
("the intentional touching, mauling or feeling of the
body or private parts of any person sixteen (16) years of
age or older, in a lewd and lascivious manner and without
the consent of that other person . . . ."), in violation
of Okla. Stat. Ann. tit.

jurisdiction: 
Fifth Circuit

AGGRAVATED SEXUAL ASSAULT ON MINOR UNDER 14 - CRIME OF VIOLENCE

United
States v. Rayo-Valdez, 302 F.3d 314 (5th Cir. Aug. 12, 2002)
(Texas conviction for aggravated sexual assault on a minor
under 14, in violation of Texas Penal Code § 22.021, constituted
a crime of violence, and was thus an aggravated felony, under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), to enhance
a sentence under U.S.S.G. § 2L1.2 for illegal re-entry).

jurisdiction: 
Fifth Circuit

INDECENCY WITH CHILD BY EXPOSURE - SEXUAL ABUSE OF A MINOR

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

INDECENCY WITH CHILD - CRIME OF VIOLENCE

United States v. Velazquez-Overa,
100 F.3d 418 (5th Cir. Nov. 15, 1996), cert. denied, 520 U.S.
1133 (1997) (Texas convictions of indecency with child involving
sexual contact, in violation of Penal Code § 21.11(a)(1),
were crimes of violence, and so constituted aggravated felonies
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) warranting
16-level increase in illegal re-entry base offense level pursuant
to U.S.S.G.

jurisdiction: 
Fifth Circuit

SEXUAL ASSAULT - CRIME OF VIOLENCE

Patel v. Ashcroft, 401 F.3d 400
(6th Cir. Mar. 8, 2005) (Illinois conviction of criminal sexual
abuse, in violation of 720 Ill. Comp. Stat. § 5/12-15, constituted
a crime of violence under 18 U.S.C. § 16(b), and was therefore
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Sixth Circuit

SEXUAL ABUSE OF A MINOR

United States v. Gonzales-Vela, 276 F.3d
763 (6th Cir. Nov. 21, 2001) (Kentucky misdemeanor conviction
for sexual abuse of minor, in violation of K.R.S. § 510.120(1)(a,
b), constituted aggravated felony under INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), for purposes of sentencing enhancement
under U.S.S.G. § 2L1.2(b) for illegal re-entry).

jurisdiction: 
Sixth Circuit

INDECENT SOLICITATION OF A CHILD - 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).

jurisdiction: 
Seventh Circuit

SOLICITATION OF A SEXUAL ACT - 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).

jurisdiction: 
Seventh Circuit

SEXUAL ASSAULT ON CHILD - CRIME OF VIOLENCE

United States v. Martinez-Carillo,
250 F.3d 1101 (7th Cir. May 17, 2001), cert. denied, 122 S.Ct.

jurisdiction: 
Seventh Circuit

 

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