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27 I. & N. Dec. 1 (2017-2020)

handle is hein.usfed/adin0027 and id is 1 raw text is: Cite as 27 I&N Dec. 1 (BIA 2017) Matter of Pedro Josue JIMENEZ-CEDILLO, Respondent Decided April 6, 2017 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young-that is, under 14 years of age-or is under 16 and the age differential between the perpetrator and victim is significant, or both, even though the statute requires no culpable mental state as to the age of the child. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), clarified. (2) Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law with the intent to engage in an unlawful sexual offense in violation of section 3-307 is categorically a crime involving moral turpitude. FOR RESPONDENT: Eduardo V. Gonzalez, Esquire, Salisbury, Maryland FOR THE DEPARTMENT OF HOMELAND SECURITY: Carrie E. Johnston, Senior Attorney BEFORE: Board Panel: PAULEY, MULLANE, and GREER, Board Members. PAULEY, Board Member: In a decision dated October 8, 2015, an Immigration Judge found the respondent removable under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2012), as an alien who has been convicted of a crime involving moral turpitude, and section 212(a)(6)(A)(i), as an alien who is present in the United States without being admitted or paroled. The Immigration Judge granted the respondent's request for voluntary departure with an alternate order of removal. The respondent has appealed from that decision. The appeal will be dismissed, and the respondent will be ordered removed from the United States. I. FACTUAL AND PROCEDURAL HISTORY The respondent is a native and citizen of Mexico. On February 11, 2015, he was convicted of sexual solicitation of a minor in violation of section 3-324 of the Maryland Criminal Law, for which he was sentenced Interim Decision #3887

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