Correa-Diaz v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 16-3198
Decision Date: 
January 31, 2018
Federal District: 
Petition for Review, Order of Dept. of Homeland Security
Petition denied

Dept. could properly find that alien (citizen of Mexico) was removable under 8 USC section 1227(a)(2)(A)(iii) for having been convicted of “aggravated felony” as defined in section 8 USC section 1101(a)(43)(A). Record showed that alien had been convicted on Indiana charge of attempted sexual conduct with minor, which prohibited persons over age 18 to having sexual intercourse or deviate sexual conduct with child at least 14 but under 16. As such, Ct. found that said charge fell within contours of crime pertaining to “sexual abuse of minor” as defined in section 1101(a)(43)(A), which in turn constituted aggravated battery for purposes of his supporting his removal.