United States Fourth Circuit

In a petition filed by a native and citizen of El Salvador, seeking review of the decision of the Board of Immigration Appeals (BIA) finding him removable based on his conviction for 'Third Degree Sex Offense' under Maryland Criminal Law Article section 3-307, the petition is granted where the BIA erred as a matter of law, as petitioner's conviction does not constitute the aggravated felony of 'sexual abuse of a minor' under the INA because Maryland Criminal Law Article section 3-307 proscribes more conduct than does the generic federal offense.

Appellate Information

• Published 2016/12/06

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel