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).