The Fourth Circuit has determined that a Maryland conviction for third degree sex offense does not constitute a sexual abuse of a minor aggravated felony because it does not require the defendant to have an intent to gratify his sexual desires. The court declined to accord deference to the Board of Immigration Appeals' decision in Matter of Esquivel-Quintana, which put forth a framework for evaluating whether a conviction qualifies as sexual abuse of a minor.
The full decision in Larios-Reyes v. Lynch can be found here: