Magdiel Mondragon-Gonzalez v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-1710 _____________ MAGDIEL MONDRAGON-GONZALEZ, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _____________ On Petition for Review of an Order of the Board of Immigration Appeals A060-104-346 Immigration Judge: Walter A. Durling ___________ Submitted Under Third Circuit L.A.R. 34.1(a) November 16, 2017 ______________ Before: VANASKIE, SHWARTZ, and FUENTES, Circuit Judges (Filed: January 29, 2018) ______________ OPINION * ______________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. VANASKIE, Circuit Judge. Magdiel Mondragon-Gonzalez petitions for review of a final order of the Board of Immigration Appeals upholding an Immigration Judge’s decision directing that Mondragon-Gonzalez be removed from the United States. The BIA determined that Mondragon-Gonzalez’s conviction of unlawful contact with a minor in violation of 18 Pa. Cons. Stat. § 6318(a)(5) is a “crime of child abuse” constituting grounds for removal pursuant to 8 U.S.C. § 1227(a)(2)(E)(i). We agree with the BIA’s determination and will thus deny the petition for review. I. Mondragon-Gonzalez was admitted to the United States near El Paso, Texas in August 2008 on an immigrant visa. In April 2015, he pled guilty to unlawful contact with a minor. 1 Specifically, Mondragon-Gonzalez pled guilty to violating 18 Pa. Cons. Stat. § 6318(a)(5), which provides: A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth: (5) Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children). 1 In his guilty plea, Mondragon-Gonzales admitted to sending photos of his penis to a “XXX year old girl.” (A52). The sentencing court indicated that Mondragon- Gonzalez contacted the female juvenile for the purpose of engaging in activity prohibited under 18 Pa. Cons. Stat. § 6312, i.e., sexual abuse of children. 2 The state trial court sentenced Mondragon-Gonzales to a prison term of 8 to 23 months. On December 14, 2015, the Department of Homeland Security (“DHS”) commenced proceedings to deport Mondragon-Gonzalez on the basis of his state court conviction. On March 1, 2016, the Immigration Judge found that Mondragon- Gonzalez’s conviction fell within 8 U.S.C. § 1227(a)(2)(E)(i), one of the three statutory grounds for removal advanced by DHS. 2 Section 1227(a)(2)(E)(i), in pertinent part, provides that “[a]ny alien who at any time after admission is convicted of . . . a crime of child abuse . . . is deportable.” The Immigration Judge concluded that Mondragon- Gonzalez’s conviction constituted a “crime of child abuse” as that phrase has been interpreted by the BIA. Agreeing with the Immigration Judge, the BIA dismissed Mondragon-Gonzalez’s appeal. In doing so, the BIA compared the elements of the state criminal ...

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