Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017), is a case in which the Supreme Court of the United States ruled 8–0 that in the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of "sexual abuse of a minor" requires the age of the victim to be less than 16.Esquivel-Quintana v. Sessions, No. 16–54, 581 U.S. 385 (2017), slip op. at 1, 12. Justice Clarence Thomas delivered the majority opinion.Esquivel-Quintana, slip op. at 1.
Background Petitioner, a citizen of Mexico and lawful permanent resident of the United States, pleaded no contest in a California court to a statutory rape offense criminalizing "unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator."Esquivel-Quintana, slip op. at 1-2. For purposes of that offense, California defines "minor" as "a person under the age of 18."Esquivel-Quintana, slip op. at 2 (citing Cal. Penal Code Ann. § 261.5(c) (West 2014)). Based on this conviction, the Department of Homeland Security initiated removal proceedings under the Immigration and Nationality Act (INA), which makes removable "[a]ny alien who is convicted of an aggravated felony," 8 U.S.C. § 1227(a)(2)(A)(iii),. including "sexual abuse of a minor," § 1101(a)(43)(A)..Esquivel-Quintana, slip op. at 2. An immigration judge ordered petitioner removed to Mexico. The Board of Immigration Appeals agreed that petitioner's crime constituted sexual abuse of a minor and dismissed his appeal.Esquivel-Quintana, slip op. at 2 ("In its view, the 3-year age difference required by Cal. Penal Code § 261.5(c) was meaningful."). A divided Court of Appeals denied his petition for review.
Opinion of the Court The Supreme Court examined whether a conviction under a state statute criminalizing consensual sexual intercourse between a 21-year-old and a 17-year-old qualifies as sexual abuse of a minor under the INA.Esquivel-Quintana, slip op. at 4-11. The Court held that it did not.Esquivel-Quintana, slip op. at 12.
See also List of United States Supreme Court cases Lists of United States Supreme Court cases by volume List of United States Supreme Court cases by the Roberts Court
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