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Correa-Diaz v. Sessions

881 F.3d 523 (2018)

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Correa-Diaz v. Sessions

United States Court of Appeals for the Second Circuit

881 F.3d 523 (2018)

Facts

Gerardo Correa-Diaz (defendant), a Mexican citizen, entered the United States without documentation as a minor. In 2005 Correa-Diaz pleaded guilty to charges under Indiana law, including attempted sexual misconduct with a minor for an encounter with a 14-year-old that occurred when he was 18 years old and received a suspended sentence. In 2016 the Department of Homeland Security (DHS) (plaintiff) gave Correa-Diaz a notice asserting that Correa-Diaz was subject to possible deportation because his conviction for attempted sexual misconduct with a minor constituted a conviction for an aggravated felony. DHS found that Correa-Diaz should be deported because attempted sexual misconduct with a minor qualified as sexual abuse of a minor under the aggravated-felony provision of the Immigration and Nationality Act (the act). DHS ordered that Correa-Diaz be deported to Mexico. Correa-Diaz filed a petition for review.

Rule of Law

Issue

Holding and Reasoning (Flaum, J.)

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