The Board of Immigration Appeals (BIA), on remand from the Fourth Circuit, has determined that a Maryland conviction for sexual solicitation of a minor is a crime involving moral turpitude (CIMT) even though the statute does not require the defendant to know the age of the victim. The BIA held that “sexual crimes involving young children have historically been excepted from [the mens rea] requirement because the intent to achieve the immoral result is inherent in the willful commission of such an act.”
Recognizing that this a departure from past CIMT precedent, the BIA will apply it only prospectively in the Fourth Circuit. The BIA declined to determine if retroactive application in other circuits would be appropriate.
The full text of Matter of Jimenez Cedillo can be found here:
https://www.justice.gov/eoir/page/file/1252591/download