Garcia-Urbano v. Sessions, No. 16-1571 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that petitioner's conviction for criminal sexual conduct in the third degree in violation of Minn. Stat. Sec. 609.344, subdiv.1(b) was an aggravated felony under the Immigration and Nationality Act. The court explained that a person who has been convicted under the statute has necessarily committed sexual abuse of a minor under the Act and was both removable and ineligible for asylum.
Court Description: Colloton, Author, with Beam and Benton, Circuit Judges] Petition for Review - Immigration. The BIA did not err in treating petitioner's conviction for criminal sexual conduct in the third degree in violation of Minn. Stat. Sec. 609.344, subdiv.1(b) as an aggravated felony under the Immigration and Nationality Act; a person who has been convicted under the Minnesota statute has necessarily committed "sexual abuse of a minor" under the INA and is both removable and ineligible for asylum.
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