The court of appeals granted a petition for review of a Board of Immigration Appeals decision. The court held that a conviction under Arizona law for sexual conduct with a minor under 18 years of age does not constitute an aggravated felony for the purposes of immigration law.
Jose Rivera-Cuartas (Rivera) was a lawful permanent resident from Colombia. Rivera was convicted under an Arizona statute for performing oral sex on a sixteen-year-old boy. Removal proceedings were initiated. An immigration judge (IJ) found deportable for having been convicted of the aggravated felony of “sexual abuse of a minor” as defined at 8 U.S.C. §1101(a)(43)(A). The Board of Immigration Appeals (BIA) affirmed. Rivera petitioned for review.
