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· 7/30/2021

AGUILAR-BARAJAS

Syllabus

(1) The offense of aggravated statutory rape under section 39-13-506(c) of the Tennessee Code Annotated is categorically a \crime of child abuse\ within the meaning of section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2018). (2) The Supreme Court's holding that a statutory rape offense does not qualify as \sexual abuse of a minor\ based solely on the age of the participants, unless it involves a victim under 16, does not affect our definition of a \crime of child abuse\ in Matter of Velazquez‑Herrera, 24 I&N Dec. 503 (BIA 2008), nor does it control whether the respondent's statutory rape offense falls within this definition. Esquivel‑Quintana v. ‍Sessions, 137 S. ‍Ct. 1562 (2017), distinguished.

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