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Keywords

statutefelonymisdemeanorprobationmens rea
statutefelonymisdemeanorprobationmens rea

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Rangel-Perez v. Lynch

Facts

Fabian Rangel-Perez, a Mexican citizen, was convicted of unlawful sexual activity with a minor under Utah Code Ann. 76-5-401. He pled guilty to this misdemeanor offense, which was based on having sex with his long-time girlfriend, who was fifteen at the time. Rangel-Perez was nineteen when the offense occurred, and he served two days in jail and one year of probation. The BIA classified this conviction as an 'aggravated felony' under the INA, which Rangel-Perez contested.

Rangel-Perez, at age nineteen, pled guilty to a misdemeanor violation of this Utah statute, and served two days in jail and one year of probation. The Government does not dispute that this misdemeanor conviction was based on Rangel-Perez having sex with his long-time girlfriend, who later became the mother of his child.

Issue

Whether Rangel-Perez's conviction for unlawful sexual activity with a minor constitutes an 'aggravated felony' under the INA's definition of 'sexual abuse of a minor.'

The BIA concluded that Rangel-Perez's Utah conviction for unlawful sexual activity with a minor fell within the INA's category of 'aggravated' felonies that includes 'sexual abuse of a minor' offenses.

Rule

The INA's category of 'aggravated' felonies for 'sexual abuse of a minor' requires proof of at least a 'knowing' mens rea.

We agree with Rangel-Perez that the INA's category of 'aggravated' felonies for 'sexual abuse of a minor' includes only offenses that require proof of at least a 'knowing' mens rea or scienter.

Analysis

The court applied a 'categorical' approach to determine if Rangel-Perez's conviction fit within the INA's definition of 'sexual abuse of a minor.' It compared the elements of the Utah statute with the INA's generic definition and concluded that the Utah statute encompassed a broader range of conduct than the INA's definition, which necessitates a mens rea element.

To apply the categorical approach, then, we compare the elements of the Utah statute under which Rangel-Perez was convicted with the elements of the INA's generic 'sexual abuse of a minor' offense.

Conclusion

The court reversed the BIA's decision to classify Rangel-Perez's conviction as an 'aggravated felony' and remanded the case for further proceedings.

Thus, we reverse the BIA's decision to treat Rangel-Perez's prior conviction as an 'aggravated felony' and we remand his case for further proceedings.

Who won?

Rangel-Perez prevailed in the case because the court found that his conviction did not meet the criteria for an 'aggravated felony' under the INA.

Rangel-Perez contends that his prior Utah conviction is not an 'aggravated felony' under the INA because the INA's generic 'sexual abuse of a minor' offense requires proof of both mens rea and a four-year age differential between the victim and the perpetrator, yet neither is an element of the Utah statute under which he was convicted.

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