United States Second Circuit

In an appeal from the decision of the Board of Immigration Appeals (BIA) holding that petitioner was removable due to prior convictions for sexual assault crimes that the BIA determined involved moral turpitude, the following questions are certified to the Connecticut Supreme Court: 1) is Connecticut General Statute section 53a‐73a(a)(2), regarding sexual assault, a strict liability offense with respect to the lack of consent element?; and 2) if section 53a‐73a(a)(2) is not a strict liability offense with respect to the lack of consent element, what level of mens rea vis‐à‐vis that element is required to support a conviction?

Appellate Information

• Decided 05/20/2014
• Published 05/20/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel