Book updates to AF (Aggravated Felonies)

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

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

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