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Adam Walsh Act
The Ninth Circuit has determined that the Adam Walsh Act, which prohibits certain US citizens who have been convicted of crimes against children from sponsoring their non-citizen relatives for immigration status, can be applied retroactively to petitions filed before the effective date of the Act, if the petitions were still pending when the Act came into effect.
The full text of Gebhardt v. Nielsen can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/01/09/15-56072.pdf
The Board of Immigration Appeals (Board) has determined that a Louisiana conviction for computer-aided solicitation of a minor qualifies as an offense against a minor under the Adam Walsh Act even if the victim was an adult undercover police officer. The Board noted that the Adam Walsh Act includes attempts to engage in criminal sexual conduct with a minor, and that the conviction at issue fell squarely within that category.
The full text of Matter of Izaguirre can be found here:
The Board of Immigration Appeals has adopted the definition of a conviction contained in section 101(a)(48)(A) of the Immigration and Nationality for determining whether a petitioner has been convicted of an offense against a minor for the purposes of the Adam Walsh Act. Thus, a conviction that was expunged under section 1203.4 of the California Penal Code remains a conviction for the purposes of the Adam Walsh Act.
The full text of Matter of Calcano de Millan can be found here:
