About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Seattle J. Soc. Just. 857 (2009-2010)
Defining Sexual Abuse of a Minor in Immigration Law: Finding a Place for Uniformity, Fairness, and Feminism

handle is hein.journals/sjsj8 and id is 875 raw text is: Defining Sexual Abuse of a Minor in Immigration Law: Finding a Place for Uniformity, Fairness, and Feminism Kate Barth INTRODUCTION In June 2001, twenty-year-old Juan Elias Estrada-Espinoza, a lawful permanent resident of the United States, met Sonia Arredondo, who was either fifteen or sixteen at the time.' The two started a relationship, lived together for some time with Estrada-Espinoza's parents before moving to their own residence, and eventually raised a child together.2 The relationship was sanctioned by both sets of parents.' However, in 2004 the California District Attorney filed statutory rape charges against Estrada- Espinoza and he was convicted on four counts under the California Penal Code.4 Soon after his conviction for statutory rape, the Department of Homeland Security commenced deportation proceedings, and Estrada- Espinoza was found removable as an aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii), also known as § 237(a)(2)(A)(iii) of the Immigration and Nationality Act (1NA).5 The term aggravated felony is defined in 8 U.S.C. § 1101(a)(43)(A) (INA § 101(a)(43)(A)) as murder, rape, or sexual abuse of a minor. However, as sexual abuse of a minor is not explicitly defined in the INA, both the Board of Immigration Appeals (BIA), which heard Estrada- Espinoza's appeal, and the initial panel of the Ninth Circuit, which denied Estrada-Espinoza's petition for review, looked to the BIA's decision in In re Rodriguez-Rodriguez6 for a definition.7 Rodriguez-Rodriguez tied the term sexual abuse of a minor to the definition given in 18 U.S.C. § 3509(a)(8), which is a provision that construes sexual abuse in the context of the rights of child witnesses.8 Under this expansive definition, the BIA

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most