Aggravated Felony Sexual Abuse of a Minor

The generic definition of sexual abuse of a minor under INA §101(a)(43)(A), including age-based statutory rape offenses and the Supreme Court's Esquivel-Quintana rule.

Sexual abuse of a minor is an aggravated felony under INA §101(a)(43)(A). For statutory rape offenses defined solely by the ages of the participants, Esquivel-Quintana holds that the generic federal offense requires a victim younger than 16; other sexual-abuse statutes can require different categorical analysis.

For aggravated felony sexual abuse of a minor, the practitioner should map the aggravated felony sexual abuse of a minor charge before making concessions. The aggravated felony sexual abuse of a minor map should identify the conviction, the aggravated felony sexual abuse of a minor statutory comparator, the governing aggravated felony sexual abuse of a minor method, and the evidence that current aggravated felony sexual abuse of a minor law permits.

Section 101(a)(43)(A) separately lists murder, rape, and sexual abuse of a minor and does not include a one-year sentence requirement for sexual abuse of a minor.

Within aggravated felony sexual abuse of a minor, this proposition governs the aggravated felony sexual abuse of a minor dispute. The clause “Section 101(a)(43)(A) separately lists murder” must be linked to aggravated felony sexual abuse of a minor authority before “rape” is treated as established. Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 1 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

Esquivel-Quintana addresses statutory rape offenses based solely on age and identifies a generic victim-age threshold under 16 for that category.

Within aggravated felony sexual abuse of a minor, this proposition resolves the aggravated felony sexual abuse of a minor dispute. The clause “Esquivel-Quintana addresses statutory rape offenses based solely on age and” must be linked to aggravated felony sexual abuse of a minor authority before “identifies a generic victim-age threshold under 16 for that category.” is treated as established. Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 2 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

The Supreme Court's age-based rule should not be mechanically extended to every offense involving sexual exploitation, coercion, abuse, pornography, or other conduct.

Within aggravated felony sexual abuse of a minor, this proposition frames the aggravated felony sexual abuse of a minor dispute. The clause “The Supreme Court's age-based rule should not be mechanically extended to every offense involving sexual exploitation” must be linked to aggravated felony sexual abuse of a minor authority before “coercion” is treated as established. Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 3 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

The categorical approach focuses on elements of the statute of conviction; the victim's actual age cannot cure a statute that is categorically broader unless the statute is divisible and the record identifies a qualifying alternative.

Within aggravated felony sexual abuse of a minor, this proposition limits the aggravated felony sexual abuse of a minor dispute. The clause “The categorical approach focuses on elements of the statute of conviction” must be linked to aggravated felony sexual abuse of a minor authority before “the victim's actual age cannot cure a statute that is categorically broader unless the statute is divisible and the record identifies a qualifying alternative.” is treated as established. Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 4 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

Age differential requirements can matter in age-based offenses, as earlier BIA decisions recognized, but Supreme Court precedent controls the generic minimum where applicable.

Within aggravated felony sexual abuse of a minor, this proposition defines the aggravated felony sexual abuse of a minor dispute. The clause “Age differential requirements can matter in age-based offenses” must be linked to aggravated felony sexual abuse of a minor authority before “as earlier BIA decisions recognized” is treated as established. Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 5 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

The child-abuse deportability ground in §237(a)(2)(E)(i) is separate and can be broader than the aggravated-felony sexual-abuse category.

Within aggravated felony sexual abuse of a minor, this proposition narrows the aggravated felony sexual abuse of a minor dispute. The clause “The child-abuse deportability ground in §237(a)(2)(E)(i) is separate” must be linked to aggravated felony sexual abuse of a minor authority before “and can be broader than the aggravated-felony sexual-abuse category.” is treated as established. Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 6 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

Matter of Aguilar-Barajas emphasizes that Esquivel-Quintana does not redefine the separate child-abuse ground.

Within aggravated felony sexual abuse of a minor, this proposition controls the aggravated felony sexual abuse of a minor dispute. The clause “Matter of Aguilar-Barajas emphasizes that Esquivel-Quintana” must be linked to aggravated felony sexual abuse of a minor authority before “does not redefine the separate child-abuse ground.” is treated as established. Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 7 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

Attempt or conspiracy to commit a sexual-abuse-of-a-minor aggravated felony can implicate §101(a)(43)(U).

Within aggravated felony sexual abuse of a minor, this proposition structures the aggravated felony sexual abuse of a minor dispute. The clause “Attempt or conspiracy to commit a” must be linked to aggravated felony sexual abuse of a minor authority before “sexual-abuse-of-a-minor aggravated felony can implicate §101(a)(43)(U).” is treated as established. Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 8 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

Because aggravated-felony treatment can bar cancellation and asylum and affect withholding analysis, counsel should evaluate collateral relief consequences separately.

Within aggravated felony sexual abuse of a minor, this proposition changes the aggravated felony sexual abuse of a minor dispute. The clause “Because aggravated-felony treatment can bar cancellation and asylum and affect withholding analysis” must be linked to aggravated felony sexual abuse of a minor authority before “counsel should evaluate collateral relief consequences separately.” is treated as established. Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 9 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

The record should identify the victim-age element, perpetrator-age element if any, age differential, prohibited conduct, mens rea, divisibility, and exact subsection of conviction.

Within aggravated felony sexual abuse of a minor, this proposition directs the aggravated felony sexual abuse of a minor dispute. The clause “The record should identify the victim-age element” must be linked to aggravated felony sexual abuse of a minor authority before “perpetrator-age element if any” is treated as established. Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) supplies a published aggravated felony sexual abuse of a minor reference for the legal method or qualifier involved.

A aggravated felony sexual abuse of a minor record on rule 10 should identify the aggravated felony sexual abuse of a minor document proving the conviction, the aggravated felony sexual abuse of a minor source proving the legal rule, and the aggravated felony sexual abuse of a minor fact that remains disputed. That rule-specific aggravated felony sexual abuse of a minor structure keeps allegations from replacing the legally operative aggravated felony sexual abuse of a minor requirement.

Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) matters to aggravated felony sexual abuse of a minor because its holding addresses a aggravated felony sexual abuse of a minor component reflected in this rule: Section 101(a)(43)(A) separately lists murder, rape, and sexual abuse of a minor and does not include a one-year sentence requirement for sexual abuse of a minor.

Applying Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) to aggravated felony sexual abuse of a minor also requires attention to this separate aggravated felony sexual abuse of a minor proposition: Esquivel-Quintana addresses statutory rape offenses based solely on age and identifies a generic victim-age threshold under 16 for that category. The aggravated felony sexual abuse of a minor brief should use the case for those propositions and avoid extending the aggravated felony sexual abuse of a minor holding beyond its procedural posture.

Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) matters to aggravated felony sexual abuse of a minor because its holding addresses a aggravated felony sexual abuse of a minor component reflected in this rule: The Supreme Court's age-based rule should not be mechanically extended to every offense involving sexual exploitation, coercion, abuse, pornography, or other conduct.

Applying Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) to aggravated felony sexual abuse of a minor also requires attention to this separate aggravated felony sexual abuse of a minor proposition: The categorical approach focuses on elements of the statute of conviction; the victim's actual age cannot cure a statute that is categorically broader unless the statute is divisible and the record identifies a qualifying alternative. The aggravated felony sexual abuse of a minor brief should use the case for those propositions and avoid extending the aggravated felony sexual abuse of a minor holding beyond its procedural posture.

Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015) matters to aggravated felony sexual abuse of a minor because its holding addresses a aggravated felony sexual abuse of a minor component reflected in this rule: Age differential requirements can matter in age-based offenses, as earlier BIA decisions recognized, but Supreme Court precedent controls the generic minimum where applicable.

Applying Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015) to aggravated felony sexual abuse of a minor also requires attention to this separate aggravated felony sexual abuse of a minor proposition: The child-abuse deportability ground in §237(a)(2)(E)(i) is separate and can be broader than the aggravated-felony sexual-abuse category. The aggravated felony sexual abuse of a minor brief should use the case for those propositions and avoid extending the aggravated felony sexual abuse of a minor holding beyond its procedural posture.

A aggravated felony sexual abuse of a minor file should integrate three distinct aggravated felony sexual abuse of a minor propositions. First: Section 101(a)(43)(A) separately lists murder, rape, and sexual abuse of a minor and does not include a one-year sentence requirement for sexual abuse of a minor. Second: The categorical approach focuses on elements of the statute of conviction; the victim's actual age cannot cure a statute that is categorically broader unless the statute is divisible and the record identifies a qualifying alternative. Third: Matter of Aguilar-Barajas emphasizes that Esquivel-Quintana does not redefine the separate child-abuse ground.

Those aggravated felony sexual abuse of a minor propositions determine the aggravated felony sexual abuse of a minor documents worth collecting. Certified records should prove aggravated felony sexual abuse of a minor elements and sentence; historical materials should prove aggravated felony sexual abuse of a minor timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony sexual abuse of a minor qualifier. The final aggravated felony sexual abuse of a minor brief should assign each aggravated felony sexual abuse of a minor burden and request a precise aggravated felony sexual abuse of a minor ruling.

A aggravated felony sexual abuse of a minor file should integrate three distinct aggravated felony sexual abuse of a minor propositions. First: Esquivel-Quintana addresses statutory rape offenses based solely on age and identifies a generic victim-age threshold under 16 for that category. Second: Age differential requirements can matter in age-based offenses, as earlier BIA decisions recognized, but Supreme Court precedent controls the generic minimum where applicable. Third: Attempt or conspiracy to commit a sexual-abuse-of-a-minor aggravated felony can implicate §101(a)(43)(U).

Those aggravated felony sexual abuse of a minor propositions determine the aggravated felony sexual abuse of a minor documents worth collecting. Certified records should prove aggravated felony sexual abuse of a minor elements and sentence; historical materials should prove aggravated felony sexual abuse of a minor timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony sexual abuse of a minor qualifier. The final aggravated felony sexual abuse of a minor brief should assign each aggravated felony sexual abuse of a minor burden and request a precise aggravated felony sexual abuse of a minor ruling.

A aggravated felony sexual abuse of a minor file should integrate three distinct aggravated felony sexual abuse of a minor propositions. First: The Supreme Court's age-based rule should not be mechanically extended to every offense involving sexual exploitation, coercion, abuse, pornography, or other conduct. Second: The child-abuse deportability ground in §237(a)(2)(E)(i) is separate and can be broader than the aggravated-felony sexual-abuse category. Third: Because aggravated-felony treatment can bar cancellation and asylum and affect withholding analysis, counsel should evaluate collateral relief consequences separately.

Those aggravated felony sexual abuse of a minor propositions determine the aggravated felony sexual abuse of a minor documents worth collecting. Certified records should prove aggravated felony sexual abuse of a minor elements and sentence; historical materials should prove aggravated felony sexual abuse of a minor timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony sexual abuse of a minor qualifier. The final aggravated felony sexual abuse of a minor brief should assign each aggravated felony sexual abuse of a minor burden and request a precise aggravated felony sexual abuse of a minor ruling.

A aggravated felony sexual abuse of a minor file should integrate three distinct aggravated felony sexual abuse of a minor propositions. First: The categorical approach focuses on elements of the statute of conviction; the victim's actual age cannot cure a statute that is categorically broader unless the statute is divisible and the record identifies a qualifying alternative. Second: Matter of Aguilar-Barajas emphasizes that Esquivel-Quintana does not redefine the separate child-abuse ground. Third: The record should identify the victim-age element, perpetrator-age element if any, age differential, prohibited conduct, mens rea, divisibility, and exact subsection of conviction.

Those aggravated felony sexual abuse of a minor propositions determine the aggravated felony sexual abuse of a minor documents worth collecting. Certified records should prove aggravated felony sexual abuse of a minor elements and sentence; historical materials should prove aggravated felony sexual abuse of a minor timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony sexual abuse of a minor qualifier. The final aggravated felony sexual abuse of a minor brief should assign each aggravated felony sexual abuse of a minor burden and request a precise aggravated felony sexual abuse of a minor ruling.

A aggravated felony sexual abuse of a minor file should integrate three distinct aggravated felony sexual abuse of a minor propositions. First: Section 101(a)(43)(A) separately lists murder, rape, and sexual abuse of a minor and does not include a one-year sentence requirement for sexual abuse of a minor. Second: The child-abuse deportability ground in §237(a)(2)(E)(i) is separate and can be broader than the aggravated-felony sexual-abuse category. Third: The record should identify the victim-age element, perpetrator-age element if any, age differential, prohibited conduct, mens rea, divisibility, and exact subsection of conviction.

Those aggravated felony sexual abuse of a minor propositions determine the aggravated felony sexual abuse of a minor documents worth collecting. Certified records should prove aggravated felony sexual abuse of a minor elements and sentence; historical materials should prove aggravated felony sexual abuse of a minor timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony sexual abuse of a minor qualifier. The final aggravated felony sexual abuse of a minor brief should assign each aggravated felony sexual abuse of a minor burden and request a precise aggravated felony sexual abuse of a minor ruling.