Carlos Quintero-Cisneros v. Jefferson Sessions, 891 F.3d 1197

Carlos Quintero-Cisneros, a lawful permanent resident, pleaded guilty (2009) to Washington law: Assault of a Child in the Third Degree (subsection (1)(f)) with a special allegation of "sexual motivation."
The state offense required an adult to cause bodily harm with criminal negligence, the victim being under 13; the information also alleged the crime was committed for sexual gratification and Quintero admitted that allegation.
DHS charged Quintero with removability as an alien convicted of child abuse under 8 U.S.C. § 1227(a)(2)(E)(i); Quintero did not contest removability on that ground.
Immigration judge and the BIA found Quintero ineligible for cancellation of removal and voluntary departure because his conviction qualified as an "aggravated felony" — sexual abuse of a minor — under 8 U.S.C. § 1101(a)(43)(A).
Central legal question: whether the sexual-motivation allegation is an element of the state offense and whether the offense categorically matches the federal generic offense of sexual abuse of a minor.

Issue	Quintero's Argument	Government's Argument	Held
Whether the sexual-motivation allegation is an element of the conviction	It is a sentencing enhancement, not an element; thus not part of the conviction	It increases authorized punishment and was charged/admitted, so it is an element	Sexual motivation is an element under Washington law and under Sixth Amendment/Apprendi line
Method for identifying offense elements for categorical analysis	Look to state law definition of elements	Use Sixth Amendment/Apprendi framework when enhancements raise maximum penalty	Court found unnecessary to choose; sexual motivation is an element under both approaches
Whether the conviction includes "sexual conduct" and "abuse" required by the federal generic offense	Absent treating sexual motivation as an element, the conviction lacks sexual conduct and abuse elements	Treating sexual motivation as element supplies sexual conduct and abuse elements	The conviction matches federal elements: sexual conduct, minor victim, and abuse
Whether the conviction is an aggravated felony barring relief (cancellation/voluntary departure)	Quintero argued it is not an aggravated felony	Government argued it is sexual abuse of a minor (aggravated felony)	Held: conviction is an aggravated felony (sexual abuse of a minor); relief denied

Apprendi v. New Jersey, 530 U.S. 466 (treats facts that increase penalty as elements for Sixth Amendment purposes)
Blakely v. Washington, 542 U.S. 296 (Apprendi principle applied to sentencing ranges)
Alleyne v. United States, 570 U.S. 99 (facts increasing mandatory minimums are elements)
Descamps v. United States, 570 U.S. 254 (categorical approach to comparing state and federal offense elements)
United States v. Medina-Villa, 567 F.3d 507 (defines federal generic offense elements for sexual abuse of a minor)
Rocha-Alvarado v. Holder, 843 F.3d 802 (holding that crimes committed for sexual gratification involve "sexual conduct")
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (discussing definitions of federal sexual-offense categories)
State v. Recuenco, 180 P.3d 1276 (Wash. 2008) (Washington holds sentencing enhancements must be alleged and proved as elements)