AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR

United States v. Mendez-Morales, 384 F.3d 927 (8th Cir. October 6, 2004) (conviction of first-degree sexual assault of a minor constituted aggravated felony sexual abuse of a minor, for purposes of illegal reentry sentence enhancement).

jurisdiction: 
Eighth Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - INDECENT ASSAULT ON MINOR

Chuang v. U.S. Attorney General, 382 F.3d 1299 (11th Cir. Sept. 2, 2004) (Florida conviction for "indecent assault child under 16," in violation of Fla. Stat. 800.04, qualified as sexual abuse of a minor, thus rendering him deportable as an aggravated felon, under INA 101(a)(43)(A), 8 U.S.C.  1101(a)(43)(A)).

jurisdiction: 
Eleventh Circuit

AGGRAVATED FELONY - 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 victim's consent," does not constitute a sexual abuse of a minor under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), for purposes of triggering deportability).
http://caselaw.lp.findlaw.com/data2/circs/3rd/031532p.pdf

jurisdiction: 
Third Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - FEDERAL INTERNET OFFENSE

United States v. Dhingra, 371 F.3d 557 (9th Cir. June 8, 2004) (18 U.S.C. 2422(b), using internet to solicit sexual activity from minor, held not facially unconstitutional as overbroad, vague, or violative of First or Tenth Amendments, for incorporating state criminal sex offense statutes).
http://caselaw.lp.findlaw.com/data2/circs/9th/0310001p.pdf

jurisdiction: 
Ninth Circuit

SEXUAL ABUSE OF A MINOR - LEWD ACT WITH CHILD

Cedano-Viera v. Ashcroft, 324 F.3d 1062 (9th Cir. March 26, 2003)(Nevada conviction of lewd act on a child, in violation of Nevada Revised Statute § 201.230(1)(1996), constituted sexual abuse of a minor and was therefore an aggravated felony justifying removal under INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A), depriving the court of appeals of jurisdiction to review a removal order, even though N.R.S. § 201.230 is broader than the federal offense of Sexual Abuse of a Minor under 18 U.S.C. § 2243(a).).
http://caselaw.lp.findlaw.com/data2/circs/9th/0170622p.pdf

jurisdiction: 
Ninth Circuit

SEXUAL ABUSE OF A MINOR - RISK OF INJURY

Santapaola v. Ashcroft, 249 F.Supp.2d 181, 2003 WL 1224652 (D.Conn. March 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 - AGGRAVATED FELONY - STATUTORY RAPE

The Ninth Circuit heard arguments this fall as to whether misdemeanor statutory rape, in violation of California Penal Code 261.5, constitutes an aggravated felony as sexual abuse of a minor, under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A). Valdez-Camacho v. Ashcroft (9th Cir. Docket No. 01-71517). Some of the cases cited as holding that statutory rape constitutes sexual abuse of a minor involve more serious behavior or younger children, and thus may be distinguished.

jurisdiction: 
Other

SEXUAL ABUSE OF A MINOR - AGGRAVATED FELONY - 5TH CIR

United States v. Zavala-Sustaita, 214 F.3d 601 (5th Cir. 2000) (applying categorical approach, and definitions of sexual and abuse to determine whether offense is "sexual abuse of a minor" aggravated felony). &nbsp&nbsp&nbsp&nbsp&nbspThe Fifth Circuit applies a categorical approach in determining whether an offense constitutes a "sexual abuse of a minor" aggravated felony. In U.S. v. Zavala-Sustaita, 214 F.3d 601 (5th Cir. 2000), an illegal reentry case, the Court analyzed a conviction under Tex.

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - CONVICTIONS RESULTING FROM PREVIOUSLY TIME-BARRED PROSECUTIONS VIOLATE EX POST FACTO CLAUSE

Stogner v. California, ___ U.S. ___ (June 26, 2003)(California convictions of sex-related child abuse offenses under Penal Code §§ 261 [rape], 286 [sodomy], 288 [lewd act against child under 14], 288a [oral copulation against minor or by force], 289 [forcible penetration], or 289.5 [interstate flight by sex offenders], where the victim was under 18 at the time of the offense, rendered after expiration of the statute of limitations, purportedly authorized by Penal Code § 803(g)(West Supp;. 2003), violate the Ex Post Facto Clause of the Constitution).

jurisdiction: 
US Supreme Ct

 

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