Esquivel-Quintana v. Sessions

Justia Summary

Petitioner, a Mexican citizen and lawful permanent resident of the U.S., pleaded no contest in a California court under a statute criminalizing “unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator,” defining “minor” as “a person under the age of 18.” He was ordered removed under 8 U.S.C. 1227(a)(2)(A)(3), as an “alien who is convicted of an aggravated felony,” including “sexual abuse of a minor.” The Supreme Court reversed. Under the categorical approach employed to determine whether an alien’s conviction qualifies as an aggravated felony, the court asks whether the state statute defining the crime of conviction categorically fits within the "generic" federal definition of a corresponding aggravated felony. Petitioner’s state conviction would be an “aggravated felony” only if the least of the acts criminalized by the state statute falls within the generic federal definition of sexual abuse of a minor, regardless of the actual facts of the case. The least of the acts criminalized by the California law would be consensual sexual intercourse between a victim who is almost 18 and a perpetrator who just turned 21. The generic federal definition of “sexual abuse of a minor” requires that the victim be younger than 16 and a significant majority of state criminal codes set the age of consent at 16 for statutory rape offenses predicated exclusively on the age of the participants.