Guerrero-Perez v. INS: 7th Circuit Rules Misdemeanor Conviction for Sexual Abuse of a Minor Is an "Aggravated Felony"

IMMIGRATION LAW & POLICY

Removal Issues Concerning Criminal Convictions

GUERRERO-PEREZ V. INS: 7TH CIRCUIT RULES MISDEMEANOR CONVICTION FOR SEXUAL ABUSE OF A MINOR IS AN "AGGRAVATED FELONY"
Immigrants' Rights Update, Vol. 15, No. 3, May 10, 2001

The U.S. Court of Appeals for the Seventh Circuit has ruled that an Illinois misdemeanor conviction for sexual abuse of a minor constitutes an "aggravated felony" for purposes of immigration law. The decision was issued on the appeal of a removal order issued by the Board of Immigration Appeals. Because the BIA did not address the issue of whether a misdemeanor offense could constitute an aggravated felony under section 101(a)(43)(A) of the Immigration and Nationality Act, the court was required to determine this issue without the assistance of any agency interpretation of the statute. However, subsequent to this decision, the BIA issued a decision to the contrary, rejecting the Seventh Circuit's analysis (see "BIA: State Conviction for Unlawful Sexual Intercourse with a Minor That Has Been Reduced to a Misdemeanor Is Not an 'Aggravated Felony,'" p. 6).

Guerrero-Perez v. INS, 242 F.3d 727 (7th Cir. 2001).