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BIA Says “Specified Offense Against a Minor” Can Involve Undercover Officer Posing as a Minor

The BIA dismissed the petitioner’s appeal, holding that an offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, even if it involved an undercover police officer posing as a minor, rather than an actual minor. Thus, the BIA found that the petitioner, who was convicted of computer-aided solicitation of a minor in Louisiana after he communicated via the internet with an individual who he believed was a 14-year-old girl but was actually an undercover police officer, was barred from obtaining an approved visa petition by the provisions of the Adam Walsh Act.

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