Summary
The Fourth Circuit denied a petition for review of a Board of Immigration Appeals order removing a lawful permanent resident convicted under 18 U.S.C. § 2422(b) for coercing a minor into sexual activity. Applying the categorical approach, the court held that the statute of conviction categorically matches both the INA's definition of the aggravated felony "sexual abuse of a minor" and the generic crime of "child abuse." The court distinguished prior Supreme Court precedent on statutory rape by noting that § 2422(b) requires a mens rea and targets the psychological sexualization of minors, thereby satisfying the elements for removability under the Immigration and Nationality Act.
Topics
Practice areas
Questions Presented
- Whether a conviction under 18 U.S.C. §2422(b) categorically matches the INA generic aggravated felony "sexual abuse of a minor".
- Whether a conviction under 18 U.S.C. §2422(b) categorically matches the INA generic crime "child abuse".
Holdings
- A §2422(b) conviction is a categorical match for the aggravated felony of sexual abuse of a minor under the INA.
- A §2422(b) conviction is a categorical match for the crime of child abuse under the INA.
Key quotations
“We conclude, however, that a § 2422(b) crime does indeed categorically constitute a match for both the aggravated felony of sexual abuse of a minor and the crime of child abuse, as those crimes are stated in the Immigration and Nationality Act.”
“A § 2422(b) offense is a match for the generic crime of “sexual abuse of a minor,” as used in the INA, 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(a)(43).”
Factual background
Kevin Hsieh, an Indian citizen, pleaded guilty to 18 U.S.C. §2422(b) for persuading a 14‑year‑old girl to engage in sexual activity, was sentenced to 276 months, and was ordered removed as an alien convicted of an aggravated felony and a crime of child abuse.
Procedural history
Immigration Judge ordered removal based on aggravated felony sexual abuse of a minor and crime of child abuse; BIA dismissed Hsieh's appeal; petitioner filed petition for review with the Fourth Circuit.