United States Court of Appeals for the Seventh Circuit
242 F.3d (2001)
Guerrero was born in Mexico and entered the United States when he was two months old as a legal permanent resident. In 1999 he pleaded guilty in Illinois state court to the misdemeanor offense of “criminal sexual abuse.” Thereafter, the Immigration Court found that he was removable and not eligible for cancellation because he committed the aggravated felony of sexual abuse of a minor. The Board of Immigration Appeals affirmed the decision, and Guerrero appealed to the Court of Appeals for the Seventh Circuit on the basis that a state misdemeanor conviction could not be an aggravated felony.
Rule of Law
Holding and Reasoning (Flaum, J.)
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