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Keywords

statutefelony

jurisdictionstatutepleafelonyguilty plea

Related Cases

Rodriguez v. Barr

Facts

Rodriguez entered the United States in 1983 as a lawful permanent resident. In 2010, he was convicted in New York for sexual abuse in the first degree and endangering the welfare of a child. The U.S. Department of Homeland Security later charged him as removable based on these convictions, asserting that they constituted aggravated felonies under the INA.

The relevant facts are both briefly stated and uncontested. Rodriguez, a native and citizen of El Salvador, entered the United States in 1983 at age eight as a lawful permanent resident ('LPR'). In 2010, at about age 35, he was convicted in New York upon his guilty plea to two crimes: (1) sexual abuse in the first degree under 130.65(3) and (2) endangering the welfare of a child under New York Penal Law 260.10(1).

Issue

Whether Rodriguez's conviction under New York Penal Law 130.65(3) constitutes the crime of 'sexual abuse of a minor' as defined by the Immigration and Nationality Act.

Our disposition of Rodriguez's petition turns on the question whether a conviction under 130.65(3) constitutes the crime of 'sexual abuse of a minor' as the phrase is used in INA 101(a)(43)(A) to define one type of 'aggravated felony.'

Rule

The term 'aggravated felony' under INA 101(a)(43)(A) includes 'sexual abuse of a minor,' which is interpreted broadly to encompass a range of sexually abusive behaviors.

Section 101(a)(43)(A) provides that '[t]he term aggravated felony meanshA) murder, rape, or sexual abuse of a minor.'

Analysis

The court applied the categorical approach to determine if Rodriguez's state conviction fit within the federal definition of 'sexual abuse of a minor.' It concluded that the New York statute, which requires the victim to be under eleven and the perpetrator's contact to be for sexual gratification, aligns with the INA's definition, thus affirming the BIA's interpretation.

Althoughas we have observed in past decisionsthe New York statute sweeps broadly, on due consideration we cannot say that it reaches farther than does the generic INA crime of sexual abuse of a minor, as construed by the BIA in In re Rodriguez-Rodriguez, 22 I. & N. Dec. 991 (BIA 1999), a decision we have deferred to in the past.

Conclusion

The court dismissed Rodriguez's petition for review, affirming that his conviction constituted an aggravated felony under the INA.

Because, in the agency's view, Rodriguez has been convicted of an aggravated felony, our jurisdiction in this case is limited to questions of law.

Who won?

The government prevailed in the case, as the court upheld the BIA's determination that Rodriguez's conviction qualified as an aggravated felony under the INA.

The agency's aggravated felony finding rested on its determination that he had been convicted in New York State of a crime that qualified as 'sexual abuse of a minor.'

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