Book updates to AF (Aggravated Felonies)

STATUTORY RAPE- SEXUAL ABUSE OF A MINOR

Matter of VFD, 23 I. & N. Dec.
859 (BIA 2006) (Florida conviction for unlawful sexual activity
with a minor, in violation of Fla. Stat. Ann. § 794.05(1),
is an aggravated felony sexual abuse of a minor offense under
INA § 101(a)(43)(A), 8 U.S.C.

jurisdiction: 
BIA

STATUTORY RAPE - CRIME OF VIOLENCE

Matter of B, 21 I. & N. Dec. 287 (BIA
Mar. 28, 1996) (Maryland conviction for second-degree statutory
(not forcible) rape under Article 27, section 463(a)(3) of
the Annotated Code of Maryland, with a 10-year sentence, constitutes
a "crime of violence" under 18 U.S.C. § 16(b), and,
hence, an "aggravated felony" under INA § 101(a)(43)(F),
8 U.S.C.

jurisdiction: 
BIA

STATUTORY RAPE - 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

STATUTORY RAPE - 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

STATUTORY RAPE - CRIME OF VIOLENCE

United States v. Alvarado-Hernandez, ___
F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas
conviction for consensual sexual intercourse with a 14-year-old
victim in violation of Penal Code § 22.011(a)(2), met
the common-sense definition of crime of violence, for purposes
of imposing a sixteen-level upward adjustment for an illegal-reentry
conviction under U.S.S.G.

jurisdiction: 
Fifth Circuit

STATUTORY RAPE - CRIME OF VIOLENCE

Xiong v. INS, 173 F.3d 601 (7th Cir.
Apr. 12, 1999) (Wisconsin conviction of "sexual contact
or sexual intercourse with a person who has not attained the
age of 16 years," in violation of W.S.A. § 948.02(2),
was not a "crime of violence," and thus was not
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Seventh Circuit

STATUTORY RAPE - CRIME OF VIOLENCE

United States v. Gomez-Hernandez, 300 F.3d
974 (8th Cir. Aug. 28, 2002) (California conviction of unlawful
sexual intercourse with a minor, in violation of California
Penal Code § 261.5(d), is a crime of violence and therefore
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
1101(a)(43)(F), and justifies illegal re-entry sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A)).

jurisdiction: 
Eighth Circuit

STATUTORY RAPE - CRIME OF VIOLENCE

United States v. Bauer, 990 F.2d
373 (8th Cir. Apr. 1, 1993) (Iowa conviction of statutory
rape constituted crime of violence for purposes of career
offender enhancement, regardless whether act was consensual).

jurisdiction: 
Eighth Circuit

STATUTORY RAPE – SEXUAL ABUSE OF A MINOR

United States v. Lopez-Solis,
__ F.3d __, 2006 WL 1360075 (9th Cir.

jurisdiction: 
Ninth Circuit

STATUTORY RAPE- SEXUAL ABUSE OF A MINOR

Afridi
v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006)
(California misdemeanor conviction of unlawful sexual intercourse
with a minor, in violation of Penal Code § 261.5(c), constituted
sexual abuse of a minor aggravated felony under INA § 101(a)(43)(A),
8 U.S.C.

jurisdiction: 
Ninth Circuit

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