ESQUIVEL-QUINTANA

Citations

• 26 I. & N. Dec. 469

Syllabus

ESQUIVEL-QUINTANA, 26 I&N Dec. 469 (BIA 2015) ID 3824 (PDF) (1) For a statutory rape offense that may include a 16- or 17-year-old victim to be categorically \sexual abuse of a minor\ under section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2012), the statute must require a meaningful age differential between the victim and the perpetrator. Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991 (BIA 1999), and Matter of V-F-D-, 23 I&N Dec. 859 (BIA 2006), clarified. (2) The offense of unlawful intercourse with a minor in violation of section 261.5(c) of the California Penal Code, which requires that the minor victim be \more than three years younger\ than the perpetrator, categorically constitutes \sexual abuse of a minor\ and is therefore an aggravated felony under section 101(a)(43)(A) of the Act.