759 F.3d 6
1st Cir.2014Background
- Petitioner Peter Heinz Kaufmann, a German-born naturalized resident, was convicted in Connecticut of possession of child pornography in 2004.
- During plea colloquy, the prosecutor stated Kaufmann admitted the images depicted 'children having sex' and originated from Russia.
- In 2013, DHS charged Kaufmann as removable under 8 U.S.C. § 1227(a)(2)(A)(iii) as an aggravated felon; § 1101(a)(43)(I) provides removability for aggravated felonies involving child pornography.
- An IJ ordered removal; the BIA dismissed the appeal, affirming the removal order in 2013.
- The issues concern whether the plea admission suffices to classify Kaufmann under the federal aggravated felony definition, given the Connecticut statute’s scope.
- The court analyzes whether the Connecticut statute is divisible and whether the record supports the federal classification under the modified categorical approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the plea admission establish federal scope? | Kaufmann argues admission to 'having sex' is ambiguous and could fit non-federal conduct. | The admission unambiguously shows child sexual activity, aligning with federal statute. | Yes; admission supports the federal scope under 8 U.S.C. § 1101(a)(43)(I). |
| Is the Connecticut statute divisible for modified categorical review? | The state law includes conduct beyond the federal definition, so it may not fit. | Record shows conduct within the federal definition; use of modified categorical approach is appropriate. | The court applies the modified categorical approach and finds the conviction fits the federal definition. |
Key Cases Cited
- Descamps v. United States, 133 S. Ct. 2276 (U.S. 2013) (divisible statutes and the modified categorical approach described)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (allowing the use of the plea transcript to interpret conviction records)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach for comparing state and federal offenses)
- Patel v. Holder, 707 F.3d 77 (1st Cir. 2013) (modified categorical approach applied to divisor statutes)
- Liu v. Holder, 714 F.3d 56 (1st Cir. 2013) (jurisdictional framework for reviewing BIA legal conclusions)
- Gonzalez v. Holder, 673 F.3d 35 (1st Cir. 2012) (analysis of removability and BIA determinations)