Jimenez-Juarez v. Holder
635 F.3d 1169
9th Cir.2011Background
- Jimenez-Juarez, a Mexican native and permanent resident, pleaded guilty to Washington Rev. Code § 9A.44.089 (child molestation in the third degree).
- § 9A.44.089 penalizes sexual contact with a minor aged 14 or 15 when the offender is at least 48 months older.
- Government charged him as removable for an aggravated felony, a crime of moral turpitude, and a crime of child abuse based on that conviction.
- Immigration Judge and the Board of Immigration Appeals held the conviction qualifies as an aggravated felony, a crime of moral turpitude, and a crime of child abuse.
- The Ninth Circuit reviews de novo whether a state conviction is a removable offense, applying the categorical approach to determine if § 9A.44.089 is a crime of child abuse.
- The court defers to the BIA’s interpretation of ‘crime of child abuse’ and concludes the statute’s elements fit that definition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 9A.44.089 is a crime of child abuse under § 1227(a)(2)(E)(i). | Jimenez-Juarez argues it is not a crime of child abuse. | The government argues the statute falls within the BIA’s definition of child abuse. | Yes; § 9A.44.089 is categorically a crime of child abuse. |
Key Cases Cited
- Taylor v. United States, 495 F.3d 575 (U.S. 1990) (categorical approach for federal offenses)
- In re Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008) (defines crime of child abuse for immigration purposes)
- Fregozo v. Holder, 576 F.3d 1030 (9th Cir. 2009) (limits/defines ‘crime of child abuse’ under BIA interpretation)
- Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007) (cat. approach—look at conviction elements, not underlying facts)
- United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002) (en banc; framework for reviewing removability)