17-3519 Acevedo v. Barr 1 2 In the 3 United States Court of Appeals 4 For the Second Circuit 5 6 7 August Term 2019 8 9 Argued: August 20, 2019 10 Decided: December 3, 2019 11 12 Docket No. 17‐3519 13 14 15 BRAULIO DURAN ACEVEDO, 16 17 Petitioner, 18 19 V. 20 21 WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, 22 23 Respondent, 24 25 26 Appeal from the Board of Immigration Appeals 27 28 29 Before: HALL and LIVINGSTON, Circuit Judges, and RESTANI.1 30 31 Petition for review of a decision of the Board of Immigration Appeals 1Judge Jane A. Restani, of the United States Court of International Trade, sitting by designation. 1 1 affirming a decision by an immigration judge determining petitioner to be 2 removable and ineligible for cancellation of removal. 3 4 Petitioner argues that his convictions for attempted oral or anal sexual 5 conduct with a person under the age of fifteen and sexual contact with a person 6 under the age of fourteen are not convictions constituting sexual abuse of a minor 7 under the Immigration and Nationality Act. Because we conclude that the former 8 of these convictions is sexual abuse of a minor, and thus an aggravated felony 9 under the Immigration and Nationality Act, his petition for review is 10 11 DENIED. 12 13 14 ANDREA SÁENZ (Sophie Dalsimer on the brief), 15 Brooklyn Defender Services, Brooklyn, New York, 16 for Petitioner. 17 18 ARIC ANDERSON, Trial Attorney (Joseph H. Hunt, 19 Assistant Attorney General, Civil Division, Kohsei 20 Ugumori, Senior Litigation Counsel, on the brief) 21 Office of Immigration Litigation, Civil Division, 22 U.S. Department of Justice, Washington, D.C., for 23 Respondent. 24 25 26 JANE A. RESTANI, Judge: 27 28 Petitioner seeks relief from an order of the Board of Immigration Appeals 29 (“BIA”) affirming a decision by an Immigration Judge (“IJ”) finding that he is 30 removable for having been convicted of aggravated felonies under 8 U.S.C. § 31 1227(a)(2)(A)(iii). Because the court finds that Petitioner’s conviction under New 32 York Penal Law (“N.Y.P.L.”) §§ 110.00, 130.45 constitutes sexual abuse of a minor, 2 1 and thus is an aggravated felony for purposes of the Immigration and Nationality 2 Act (“INA”), we DENY the petition for review. 3 BACKGROUND 4 Braulio Duran Acevedo is a lawful permanent resident from Mexico who 5 has lived in the United States since December 1969. On May 19, 2015, Acevedo was 6 convicted of attempted oral or anal sexual conduct with a person under the age of 7 fifteen, N.Y.P.L. §§ 110.00, 130.45(1), and for sexual contact with a person under 8 the age of fourteen, N.Y.P.L. § 130.60(2). 9 Following Acevedo’s conviction and incarceration, the Department of 10 Homeland Security (“DHS”) served him with a Notice to Appear (“NTA”) and 11 detained him in immigration custody. Acevedo was found removable under three 12 provisions of the INA for conviction of: aggravated felonies involving sexual 13 abuse of a minor ...
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