Matter of Small, 23 I. & N. Dec. 448
(BIA June 4, 2002) (en banc) (New York misdemeanor conviction
sexual abuse in the second degree, in violation of New York
Penal Law § 130.60(2), constitutes "sexual abuse of a
minor" and is therefore an aggravated felony under INA
§ 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A)).
Matter of Rodriguez-Rodriguez,
22 I. & N. Dec. 991 (BIA Sept. 16, 1999) (en banc) (Texas
conviction of indecency with a child by exposure of private
parts, pursuant to section 21.11(a)(2) of the Texas Penal
Code, constitutes sexual abuse of a minor and is therefore
an aggravated felony within the meaning of INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A)).
Gonzalez v. Ashcroft, 369 F.Supp.2d 442 (S.D.N.Y.
Apr. 29, 2005) (New York conviction for "use of a child
in a sexual performance" under New York Penal Law § 263.05,
did not constitute an offense relating to child pornography,
and was therefore not an aggravated felony under INA § 101(a)(43)(I),
8 U.S.C.
Silva v. Gonzales, 455 F.3d 26 (1st Cir. Jul. 14, 2006)
(Massachusetts conviction of statutory rape of 14-year-old
girl, under Mass. Gen. Laws ch.
United States v. Yanez Saucedo, 295 F.3d 991 (9th Cir. July
8, 2002) (Washington conviction of third-degree rape, in violation
of Wash. Rev.Code § 9A.44.060, was an "aggravated felony"
as rape under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A),
to trigger sentence enhancement under U.S.S.G.
Castro-Baez v. Reno, 217 F.3d 1057 (9th Cir. June 30, 2000)
(California rape conviction under California Penal Code §
261(a)(3) constitutes an "aggravated felony" within
the meaning of INA § 101(a)(43)(A) for deportation purposes,
though the elements of the state and federal statutes are
not identical).
Santiago v. U.S. INS, 134 F.Supp.2d 1102
(N.D.Cal. Mar. 26, 2001) (California conviction of committing
a lewd act with a child, in violation of California Penal
Code § 288(A), constituted aggravated felony under INA 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A) as sexual abuse of a minor for immigration
purposes).
United States v. Coronado-Cervantes,
154 F.3d 1242 (10th Cir. Sept. 18, 1998) (federal conviction
of knowingly engaging in sexual contact with Native American
juvenile under 12 years of age, in violation of 18 U.S.C.
§ 1153, 2244(a)(1), 2245(3), was "crime of violence"
and thus was predicate to federal sentence as career offender).
United States v. Reyes-Castro,
13 F.3d 377 (10th Cir. Dec. 30, 1993) (Utah conviction of
attempted sexual abuse of child, in violation of Utah Code
Ann. § 76-5-404.1(1) (1990), was crime of violence under 18
U.S.C. § 16(b), and thus an aggravated felony under INA
101(a)(43)(F), 8 U.S.C.
United States v. Searcy, 418 F.3d 1193 (11th Cir. July 28,
2005) (federal conviction of using interstate commerce to
persuade a minor to engage in unlawful sexual activity, in
violation of 18 U.S.C. § 2422(b), constitutes a crime of violence
for career offender classification purposes).