United States Supreme Court

In a petition for review of a Board of Immigration Appeals' (BIA) decision ordering petitioner deported to Mexico, based on petitioner's plea of no contest to a California statutory rape offense, under the Immigration and Nationality Act (INA) which makes removable any alien who is convicted of an aggravated felony, including 'sexual abuse of a minor,' 8 U.S.C. section 1101(a)(43)(A), the Sixth Circuit Court of Appeals' denial of the petition is reversed where, in the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of 'sexual abuse of a minor' requires the age of the victim to be less than 16.

Appellate Information

• Published 2017/05/30

Judges

• THOMAS

Court

• United States Supreme Court

Counsel