United States Fourth Circuit

Consolidated petitions for review of BIA decisions, which dismissed petitioner’s appeal from an IJ’s order of removal and denied petitioner’s motion for reconsideration, are granted where the BIA’s analysis and conclusion that petitioner's conviction in 2009 for "causing abuse to a child" in violation of Maryland law qualified as an "aggravated felony" under the generic federal crime of "sexual abuse of a minor," as listed in 8 U.S.C. section 1101(a)(43)(A), because the least culpable conduct under the former Maryland statute prohibiting sexual abuse of a child does not necessarily qualify as the generic federal offense of "sexual abuse of a minor," as interpreted by the BIA.

Appellate Information

• Decided 06/10/2015
• Published 06/10/2015

Judges

• Keenan

Court

• United States Fourth Circuit

Counsel