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New York Penal Law §263.05

The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)

Aggravated Felony of “sexual abuse of a minor”

The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)

Sexual Abuse of a Minor

For sexual abuse of a minor, the minor must be under 16 AND there must be a 4 year difference between the perpetrator and victim