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Keywords

statutepleafelonymens reaguilty plea
statutepleafelonymens reaguilty plea

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Bedolla-Zarate v. Sessions

Facts

Azael Bedolla-Zarate, a native of Mexico, was brought to the U.S. without authorization at the age of two and later received Deferred Action for Childhood Arrivals (DACA) status. In September 2016, he was convicted in Wyoming for third-degree sexual abuse of a minor. In April 2017, DHS issued a Notice of Intent to issue a Final Administrative Removal Order (FARO) based on this conviction, asserting that it constituted an aggravated felony under the INA.

Azael Bedolla-Zarate, a native of Mexico, was brought to the U.S. without authorization at the age of two and later received Deferred Action for Childhood Arrivals (DACA) status. In September 2016, he was convicted in Wyoming for third-degree sexual abuse of a minor. In April 2017, DHS issued a Notice of Intent to issue a Final Administrative Removal Order (FARO) based on this conviction, asserting that it constituted an aggravated felony under the INA.

Issue

Whether the DHS erred in ordering an alien's expedited removal under 8 U.S.C.S. 1227(a)(2)(A)(iii) due to his Wyoming conviction of third-degree sexual abuse of a minor.

Whether the DHS erred in ordering an alien's expedited removal under 8 U.S.C.S. 1227(a)(2)(A)(iii) due to his Wyoming conviction of third-degree sexual abuse of a minor.

Rule

A person is considered 'convicted' under the INA if they have entered a guilty plea and the court has found a factual basis for that plea. Additionally, sexual abuse of a minor is classified as an aggravated felony under the INA.

A person is considered 'convicted' under the INA if they have entered a guilty plea and the court has found a factual basis for that plea. Additionally, sexual abuse of a minor is classified as an aggravated felony under the INA.

Analysis

The court found that Bedolla-Zarate's guilty plea was valid and that the Wyoming statute under which he was convicted categorically fit within the definition of sexual abuse of a minor under the INA. The court applied a categorical approach to determine that the elements of the Wyoming statute aligned with the federal definition, rejecting Bedolla-Zarate's arguments regarding the mens rea and the necessity of an 'actual abuse' element.

The court found that Bedolla-Zarate's guilty plea was valid and that the Wyoming statute under which he was convicted categorically fit within the definition of sexual abuse of a minor under the INA. The court applied a categorical approach to determine that the elements of the Wyoming statute aligned with the federal definition, rejecting Bedolla-Zarate's arguments regarding the mens rea and the necessity of an 'actual abuse' element.

Conclusion

The court denied the review of the DHS's order, affirming that Bedolla-Zarate's conviction constituted an aggravated felony under the INA.

The court denied the review of the DHS's order, affirming that Bedolla-Zarate's conviction constituted an aggravated felony under the INA.

Who won?

The Department of Homeland Security prevailed in the case as the court upheld the expedited removal order based on Bedolla-Zarate's conviction being classified as an aggravated felony.

The Department of Homeland Security prevailed in the case as the court upheld the expedited removal order based on Bedolla-Zarate's conviction being classified as an aggravated felony.

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