Sanchez-Fuentes v. Garland

Case: 21-60697 Document: 00516427463 Page: 1 Date Filed: 08/10/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 10, 2022 No. 21-60697 Lyle W. Cayce Clerk Byron Jeovany Sanchez-Fuentes, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals No. A 075 474 809 Before Smith, Clement, and Haynes, Circuit Judges. Per Curiam:* Byron Sanchez-Fuentes is a native and citizen of Guatemala and a lawful permanent resident of the United States. In 2019, he pleaded guilty of Sexual Indecency with a Minor in violation of Section 5-14-110 of the Arkan- sas Code. As a result, the Attorney General charged him as removable for * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5th Circuit Rule 47.5.4. Case: 21-60697 Document: 00516427463 Page: 2 Date Filed: 08/10/2022 No. 21-60697 committing the crime of “sexual abuse of a minor.” 1 An immigration judge sustained that charge, and the Board of Immigration Appeals adopted and affirmed that decision. Sanchez-Fuentes petitions for review. We deny that petition. Sanchez-Fuentes is removable because his Sec- tion 5-14-110 conviction qualifies as “sexual abuse of a minor.” To determine whether that is so, we apply the categorical approach. Esquivel-Quintana v. Sessions, 137 S. Ct. 1562, 1567–68 (2017). “Under that approach, we ask whether the state statute defining the crime of conviction categorically fits within the generic federal definition of a corresponding aggravated felony” that would make the alien removable. Id. at 1568 (quotation omitted). “In other words, we presume that the state conviction rested upon the least of the acts criminalized by the statute, and then we determine whether that conduct would fall within the federal definition of the crime.” Id. (alterations adopted and quotation omitted). The generic definition of sexual abuse of a minor has three elements. The defendant’s conduct must “(1) involve a [minor], (2) be sexual in nature, (3) and be abusive.” Shroff v. Sessions, 890 F.3d 542, 544 (5th Cir. 2018). 2 Each of the five ways of violating Section 5-14-110 meets those elements, so Sanchez-Fuentes’s conviction qualifies as sexual abuse of a minor. First, a defendant cannot violate Section 5-14-110 unless the victim is a minor. The generic definition of “minor” is someone who is younger than sixteen or who claims to be younger than sixteen. Esquivel-Quintana, 137 S. Ct. at 1568; Shroff, 890 F.3d at 545. That definition covers three ways 1 8 U.S.C. § 1227(a)(2)(A)(iii) (stating that an alien who commits an “aggravated felony” is removable); id. § 1101(a)(43)(A) (defining “aggravated felony” to include “sexual abuse of a minor”). 2 Sanchez-Fuentes disputes that this is the proper standard, but the rule of orderli- ness requires us to reject that contention. 2 Case: 21-60697 Document: 00516427463 Page: 3 Date Filed: 08/10/2022 No. 21-60697 of violating the statute. 3 A person younger than …

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