The Second Circuit finds that a New York conviction for sexual abuse in the first-degree is a sexual abuse of a minor aggravated felony. The court noted that a conviction under this subsection requires the victim to be under the age of eleven and that the perpetrator’s “sexual contact” with the victim be “for the purpose of gratifying sexual desire.”

The full text of Rodriguez v. Barr can be found here:

https://www.ca2.uscourts.gov/decisions/isysquery/e2e79608-b2b8-4507-8002-5c8bae39320c/14/doc/18-1070_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/e2e79608-b2b8-4507-8002-5c8bae39320c/14/hilite/

Comment