8 results for 'cat:"Immigration" AND cat:"Sex Offender"'.
J. Wilkinson finds the board properly denied the Salvadoran's petition. When he was twenty-six years old, he began a sexual relationship with a fifteen-year-old child. After an initial arrest in March 2017, he violated the protective order by having sex with the victim at least two more times while on bail. The Immigration and Nationality Act instructs that any noncitizen convicted of a crime of child abuse, child neglect or child abandonment is subject to removal. The crime fits into the definition of abuse because it is well established that touching a child’s private areas for sexual gratification causes actual harm to a child. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: May 14, 2024, Case #: 23-1676, Categories: immigration, sex Offender, Child Victims
J. Wilkinson finds the Board properly denied the Venezuelan's petition for relief from deportation. The Venezuelan argued his attempts to meet a 14-year-old for sex, which led to attempted sexual battery and electronic solicitation of minor convictions, are not crimes involving moral turpitude. He argued that attempted sexual battery was not a crime involving moral turpitude as the minimum conduct to sustain a conviction was insufficiently reprehensible. And he claimed that the electronic solicitation statute lacked the requisite culpable mens rea to be a crime involving moral turpitude. Statutes that limit convictions to defendants who knew or had reason to believe that their intentional sexual acts were directed at children categorically involve moral turpitude. Denied.
Court: 4th Circuit, Judge: Wilkinson, Filed On: March 20, 2024, Case #: 23-1238, Categories: immigration, sex Offender, Child Victims
J. Ho finds the Board of Immigration Appeals properly ordered the removal of the Mexican immigrant based on a conviction for aggravated sexual assault with a deadly weapon. Aggravated sexual assault with a deadly weapon is a crime of violence and an aggravated felony for purposes of federal immigration law. The petition for review is denied.
Court: 5th Circuit, Judge: Ho , Filed On: December 18, 2023, Case #: 23-60102, Categories: immigration, sex Offender
J. Gruender finds a lower court properly dismissed a defendant's challenge of removal proceedings for sexually abusing a minor. The defendant, a Native of Mexico, argued that "sexual abuse of a minor" is generic. However, the government sufficiently showed in court that sexual abuse of a minor is an aggravated felony. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 4, 2023, Case #: 22-3598, Categories: immigration, sex Offender
Per curiam, the Fifth Circuit denies a Mexican lawful permanent resident’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from an immigration judge’s order sustaining a charge of removability based on a state criminal conviction. Petitioner’s engaging in communications with a minor for an illicit sexual purpose constitutes “maltreatment of a child,” according to relevant statute. This is a removable offense.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 28, 2023, Case #: 22-60377, Categories: immigration, sex Offender, Child Victims
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J. Streeter finds that defendant's confrontation right was violated by the trial court's exclusion of all evidence indicating that an alleged victim sought a U-visa for her mother, which would grant legal status in exchange for helping investigators. The error was not harmless because the alleged victim's testimony was crucial to the prosecution, it was not cumulative and it was neither contradicted or corroborated by other evidence. Reversed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: August 30, 2023, Case #: A164897, Categories: Confrontation, immigration, sex Offender
J. Wilson denies the El Salvadoran national’s petition for review of the Board of Immigration Appeals finding him removable through proceedings arising from his conviction for injuring a child by omission because of his inappropriate touching of his younger female relative. None of defendant’s proffered cases in his attempt to show the controlling penal code’s overbreadth demonstrate that Texas would apply it to crimes that do not align with the board’s definition of child abuse. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 9, 2023, Case #: 21-60530, Categories: immigration, sex Offender, Child Victims
Per curiam, the Fifth Circuit finds the district court, by guilty plea, properly convicted defendant for engaging in illicit sexual conduct in foreign places, sentencing him within guidelines. The 15-year-old Mexican girl’s mother, after her daughter was detained at the border with defendant, told investigators that she had consented to a relationship with the 22-year-old defendant, but after a miscarriage she refused to sign a marriage consent form. A two-level sentencing enhancement was applied for obstruction of justice based on recordings of phone calls defendant made from jail telling the girl not to cooperate with the investigation. The court was entitled to infer that this amounts to obstruction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-40167, Categories: immigration, sex Offender, Child Victims