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statutepleafelonyasylum

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Garcia-Urbano v. Sessions

Facts

Luis Garcia-Urbano, a citizen of Mexico, was admitted to the United States as a lawful permanent resident at the age of seventeen. After turning eighteen, he pleaded guilty to criminal sexual conduct in the third degree and fleeing a police officer. The Department of Homeland Security initiated removal proceedings against him, asserting that these convictions were grounds for removal, as they constituted aggravated felonies under the INA.

Garcia-Urbano was admitted to the United States in April 2014 at the age of seventeen as a lawful permanent resident. At the age of eighteen, he pleaded guilty to criminal sexual conduct in the third degree, in violation of Minn. Stat. 609.344, subdiv. 1(b), and to fleeing a police officer in a motor vehicle, in violation of Minn. Stat. 609.487, subdiv. 3.

Issue

Whether Garcia-Urbano's conviction for criminal sexual conduct in the third degree qualifies as an 'aggravated felony' under the Immigration and Nationality Act, specifically regarding the definition of 'sexual abuse of a minor.'

Whether Garcia-Urbano's conviction for criminal sexual conduct in the third degree qualifies as an 'aggravated felony' under the Immigration and Nationality Act, specifically regarding the definition of 'sexual abuse of a minor.'

Rule

The court applied the categorical approach to determine if the elements of Garcia-Urbano's conviction fell within the generic federal definition of 'sexual abuse of a minor' as defined in the INA.

To determine whether an offense of conviction is an aggravated felony, we look only to the elements of the criminal statute and apply the so-called categorical approach.

Analysis

The court analyzed the Minnesota statute, which criminalizes sexual penetration with a person under sixteen years of age by someone more than twenty-four months older. It concluded that this statute aligns with the INA's definition of 'sexual abuse of a minor,' as it does not require a greater age differential than two years and one day. The court found that the Board's interpretation was consistent with the INA and previous Supreme Court rulings.

The Minnesota statute at issue makes it a crime for an actor to engage in 'sexual penetration' with another when the other party is 'at least 13 but less than 16 years of age and the actor is more than 24 months older.'

Conclusion

The Eighth Circuit affirmed the Board's decision, concluding that Garcia-Urbano's conviction constituted an aggravated felony, rendering him ineligible for asylum and subject to removal.

For the foregoing reasons, the petition for review is denied.

Who won?

The government prevailed in the case, as the court upheld the Board's determination that Garcia-Urbano's conviction was an aggravated felony under the INA.

The Board concluded that Garcia-Urbano was ineligible for asylum because his conviction for criminal sexual conduct was an aggravated felony under the INA.

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