Esquivel-Quintana v. Lynch, No. 15-3101 (6th Cir. 2016)Annotate this Case
Esquivel-Quintana was admitted to the U.S. as a lawful permanent resident in 2000. In 2009, he pleaded guilty to unlawful sexual intercourse with a minor in California. Esquivel-Quintana moved to Michigan. DHS initiated removal proceedings under 8 U.S.C. 1227(a)(2)(A)(iii), which states that an alien can be removed if he is convicted of an aggravated felony such as “sexual abuse of a minor,” An immigration judge ruled that Esquivel-Quintana’s conviction under California Penal Code section 261.5(c) constituted “sexual abuse of a minor” and ordered him removed to Mexico. The BIA and Sixth Circuit affirmed, holding that the term “sexual abuse of a minor” was permissibly interpreted to include the conviction. The BIA employed a categorical approach and held that the age differential in California’s statute—which requires an age gap of more than three years— was meaningful.
The court issued a subsequent related opinion or order on August 29, 2017.
- Esquivel-Quintana v. Sessions, No. 16-54 (U.S. May. 30, 2017)