Book updates to AF (Aggravated Felonies)

COMMUNICATION WITH MINOR FOR IMMORAL PURPOSES - SEXUAL ABUSE OF A MINOR

Parrilla v. Gonzales, 414 F.3d 1038 (9th Cir. July 11, 2005)
(Washington conviction of communication with a minor for immoral
purposes, in violation of Washington Revised Code § 9.68A.090,
is not categorically an aggravated felony under INA § 101(a)(43)(A),
8 U.S.C.

jurisdiction: 
Ninth Circuit

ABUSIVE SEXUAL CONTACT - CRIME OF VIOLENCE

United States v. Granbois,
376 F.3d 993 (9th Cir. July 22, 2004) (federal conviction
under 18 U.S.C. § 2244(a)(3), sexual contact with a child,
is a "crime of violence" for purposes of the Career
Offender Guideline, U.S.S.G. § 4B1.1); see United States v.
Pereira-Salmeron, 337 F.3d 1148 (9th Cir. Aug.

jurisdiction: 
Ninth Circuit

ANNOY MOLEST - SEXUAL ABUSE OF A MINOR

United States v. Pallares-Galan,
359 F.3d 1088 (9th Cir. Feb. 20, 2004) (California conviction
of violating Penal Code § 647.6(a), annoy or molest a child
under 18, is conviction under a "divisible statute,"
and does not constitute an aggravated felony "sexual
abuse of a minor" offense for illegal re-entry sentencing
purposes).

jurisdiction: 
Ninth Circuit

LEWD ACT WITH CHILD - CRIME OF VIOLENCE

United States v. Medina-Maella,
351 F.3d 944 (9th Cir. Dec. 10, 2003) (California conviction
for lewd or lascivious acts upon a child under the age of
14 years, under California Penal Code § 288, constitutes a
"crime of violence" for purposes of unlawful re-entry
under U.S.S.G. § 2L1.2, even though the offense does not have
force as an element; recent amendments to U.S.S.G. § 2L1.2
irrelevant).

jurisdiction: 
Ninth Circuit

LEWD ACT WITH A CHILD - SEXUAL ABUSE OF A MINOR

Cedano-Viera v.
Ashcroft, 324 F.3d 1062 (9th Cir. Apr. 7, 2003) (Nevada conviction
of lewd act on a child, in violation of Nevada Revised Statute
§ 201.230(1), constituted sexual abuse of a minor and was
therefore an aggravated felony 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).

jurisdiction: 
Ninth Circuit

SEXUAL ABUSE OF A MINOR

United States v. Mendoza-Iribe, 198 F.3d
742 (9th Cir. Oct. 18, 1999), cert. denied, 529 U.S. 1061
(2000) (California conviction under California Penal Code
§ 289(j) for penetrating genital or anal openings of child
under 14 years of age with foreign object was sexual abuse
of a minor under INA § 101(a)(43)(A), 8 U.S.C.

jurisdiction: 
Ninth Circuit

SEXUAL ASSAULT - SEXUAL ABUSE OF A MINOR

United States v. Martinez-Carillo,
250 F.3d 1101 (7th Cir. May 17, 2001), cert. denied, 122 S.Ct.
285 (2001) (Illinois conviction for criminal sexual assault
in violation of 720 ILCS § 5/12-13(a)(3), for inserting finger
into daughters vagina, who was thirteen years old at the
time, was an aggravated felony as sexual abuse of a minor,
under INA § 101(a)(43)(A), 8 U.S.C.

jurisdiction: 
Seventh Circuit

SEXUAL ABUSE OF A MINOR

Lara-Ruiz v. INS, 241 F.3d 934 (7th Cir.
Mar. 6, 2001) (Illinois sexual assault conviction, in violation
of Ill.Rev.Stat.1991, ch. 38, § 12-13(a)(1, 2), which involved
four-year-old victim, was "aggravated felony" of
"sexual abuse of a minor" within meaning of INA
§ 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A) for deportation
purposes).

jurisdiction: 
Seventh Circuit

SEXUAL ABUSE OF A MINOR

Guerrero-Perez v. INS, 242 F.3d 727 (7th
Cir. Mar. 5, 2001) (Illinois misdemeanor conviction for sexual
abuse of minor in violation of 720 ILCS § 5/12-15(c), constituted
aggravated felony under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A)
for deportation purposes), pet. for rehearing denied, 256
F.3d 546 (9th Cir. 2001).

jurisdiction: 
Seventh Circuit

SEXUAL ABUSE OF A MINOR

Guadarrama v. Perryman, 48 F.Supp.2d 782
(N.D.Ill. May 6, 1999) (Wisconsin conviction of second-degree
sexual abuse of a child constituted an aggravated felony under
INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A) for removal
purposes).

jurisdiction: 
Lower Courts of Seventh Circuit

Archives

Sep 2010

Categories

Tags