Aguilar v. Attorney Gen.of the U.S., No. 10-3926 (3d Cir. 2011)
Annotate this Case
In 2000, petitioner, a citizen of Honduras, was admitted to the U.S. as a lawful permanent resident. Four years later, in a Pennsylvania state court, he was found guilty of sexual assault, a second degree felony, and indecent assault, a second degree misdemeanor, and was sentenced to imprisonment of 46 months to eight years. He was found not guilty of rape. DHS charged him as removable under 8 U.S.C. 1227(a)(2)(A)(iii), because he had been convicted of a crime of violence under 18 U.S.C. 16(b), which is an aggravated felony as defined by 8 U.S.C. 1101(a)(43)(F). The BIA ordered removal. The Third Circuit denied an appeal. rejecting an argument that the crime was not a "crime of violence" because the mens rea necessary for conviction is recklessness. Sexual assault, as defined by the statute, raises a substantial risk that the perpetrator will intentionally use force in furtherance of the offense, and, therefore, constitutes a crime of violence under 16(b).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.