Immigration – Removal Order

By: Derek Hawkins//February 13, 2018//

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7^th Circuit Court of Appeals

Case Name: Gerardo Correa-Diaz v. Jefferson B. Sessions III

Case No.: 16-3198

Officials: FLAUM, EASTERBROOK, and BARRETT, Circuit Judges.

Focus: Immigration – Removal Order

Petitioner, a citizen of Mexico, pleaded guilty in 2005 to two counts of Attempted Sexual Misconduct with a Minor, in violation of Indiana Code § 35- 42-4-9(a) and (b), respectively. On August 17, 2016, the Department of Homeland Security issued a Final Administrative Removal Order based upon the § 35-42-4-9(a) conviction. Petitioner now seeks review. At issue is whether petitioner’s conviction amounts to “sexual abuse of a minor” and therefore constitutes an “aggravated felony” under the Immigration and Nationality Act (“INA”). See 8 U.S.C. § 1101(a)(43)(A). For the reasons that follow, we deny the petition for review.

Denied

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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.

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