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Keywords

appealfelonyimmigration law
defendantstatuteappealfelony

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Velasco v. Holder

Facts

Alberto Velasco-Giron, an 18-year-old, was convicted under California Penal Code �1.5(c) for engaging in sexual intercourse with a 15-year-old girl. Following this conviction, he became removable from the United States. The BIA concluded that this conviction constituted 'sexual abuse of a minor' under 8 U.S.C. q01(a)(43)(A), classifying it as an aggravated felony, which rendered him ineligible for cancellation of removal.

The conviction in question is for violating Cal. Penal Code �1.5(c) , which makes it a crime to engage in sexual intercourse with a person under the age of 18, if the defendant is at least three years older.

Issue

The main legal issue was whether Velasco-Giron's conviction for sexual intercourse with a minor constituted 'sexual abuse of a minor' under federal law, thus classifying it as an aggravated felony and making him ineligible for cancellation of removal.

The main legal issue was whether Velasco-Giron's conviction for sexual intercourse with a minor constituted 'sexual abuse of a minor' under federal law, thus classifying it as an aggravated felony and making him ineligible for cancellation of removal.

Rule

The court applied the definition of 'sexual abuse' from 18 U.S.C. �09(a)(8) and referenced 18 U.S.C. 2256(1) and 2423(a) for the definition of a 'minor' as a person under 18, determining that the BIA's interpretation was reasonable.

The BIA properly looked to18 U.S.C.S. 3509(a)(8)as the starting point for understanding 'sexual abuse' and to18 U.S.C.S. 2256(1)and2423(a)for the definition of a 'minor' as a person under 18.

Analysis

The court analyzed the BIA's decision by considering the definitions provided in federal law. It noted that the BIA's reliance on 18 U.S.C. �09(a)(8) was appropriate, as it provided a broader understanding of 'sexual abuse' that included Velasco-Giron's actions. The court emphasized that the BIA's interpretation was consistent with its previous rulings and that the agency had the discretion to define terms within the context of immigration law.

The Board noted in Rodriguez-Rodriguez that Congress could have written something like 'murder, rape, or sexual abuse of a minor (as defined in section 2243 of title 18 )' but did not do sothough other sections do designate specific federal statutes.

Conclusion

The court affirmed the BIA's decision, concluding that Velasco-Giron's conviction was indeed classified as an aggravated felony, thus denying his petition for review.

The petition for review was denied.

Who won?

The prevailing party was the Board of Immigration Appeals, as the court upheld its decision that Velasco-Giron's conviction constituted an aggravated felony under federal law.

The prevailing party was the Board of Immigration Appeals, as the court upheld its decision that Velasco-Giron's conviction constituted an aggravated felony under federal law.

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