Statutory Interpretation

By: Derek Hawkins//June 1, 2017//

Listen to this article

WI Supreme Court

Case Name: Esquivel-Quintana v. Sessions, Attorney General

Case No.: 16-54

Focus: Statutory Interpretation

In the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of “sexual abuse of a minor” requires the age of the victim to be less than 16.

“Under the categorical approach employed to determine whether an alien’s conviction qualifies as an aggravated felony, the Court asks whether “ ‘the state statute defining the crime of conviction’ categorically fits within the ‘generic’ federal definition of a corresponding aggravated felony.” Moncrieffe v. Holder, 569 U. S. 184, 190. Petitioner’s state conviction is thus an “aggravated felony” only if the least of the acts criminalized by the state statute falls within the generic federal definition of sexual abuse of a minor. Johnson v. United States, 559 U. S. 133, 137.”

Reversed

Concur:

Dissent:

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event