Velasco-Giron v. Holder

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 12-2353
Decision Date: 
September 26, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied
Bd. did not err in removing alien (citizen of Mexico) based on series of criminal convictions and finding that alien’s conviction concerning California statute (engaging in sexual intercourse with 15-year old minor, where alien was 3-years older than said minor) qualified as “aggravated felony” that precluded alien from applying for cancellation of removal relief. Ct., in relying upon 18 USC section 3509(a)(8), rejected alien’s argument that it should have relied upon section 2243(a), which defined “sexual abuse” as, among other things, engaging in sexual act with 15-year-old minor, where there was 4-year age difference between minor and alien. (Dissent filed.)