884 F.3d 155 (3rd Cir. 2018), 17-1710, Mondragon-Gonzalez v. Attorney General of United States

Docket Nº:17-1710
Citation:884 F.3d 155
Opinion Judge:VANASKIE, Circuit Judge.
Party Name:Magdiel MONDRAGON-GONZALEZ, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent
Attorney:Bridget Cambria, Esq., Cambria & Kline, Counsel for Plaintiff-Appellant Magdiel Mondragon-Gonzalez Attorney General Jeff Sessions, Esq., Janette L. Allen, Esq., Jennifer A. Bowen, Esq., Barbara J. Leen, Esq., Anthony C. Payne, Esq., Jessica D. Strokus, Esq., Counsel for Defendant-Appellee Attorne...
Judge Panel:Before: VANASKIE, SHWARTZ, and FUENTES, Circuit Judges
Case Date:January 29, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 155

884 F.3d 155 (3rd Cir. 2018)

Magdiel MONDRAGON-GONZALEZ, Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent

No. 17-1710

United States Court of Appeals, Third Circuit

January 29, 2018

Submitted Under Third Circuit L.A.R. 34.1(a) November 16, 2017

Ordered Published February 5, 2018

Page 156

[Copyrighted Material Omitted]

Page 157

On Petition for Review of an Order of the Board of Immigration Appeals, A060-104-346, Immigration Judge: Walter A. Durling

Bridget Cambria, Esq., Cambria & Kline, Counsel for Plaintiff-Appellant Magdiel Mondragon-Gonzalez

Attorney General Jeff Sessions, Esq., Janette L. Allen, Esq., Jennifer A. Bowen, Esq., Barbara J. Leen, Esq., Anthony C. Payne, Esq., Jessica D. Strokus, Esq., Counsel for Defendant-Appellee Attorney General for the United States of America

Before: VANASKIE, SHWARTZ, and FUENTES, Circuit Judges

OPINION

VANASKIE, Circuit Judge.

Magdiel Mondragon-Gonzalez petitions for review of a final order of the Board of Immigration Appeals upholding an Immigration Judge’s decision directing that Mondragon-Gonzalez be removed from the United States. The BIA determined that Mondragon-Gonzalez’s conviction of unlawful contact with a minor in violation of 18 Pa. Cons. Stat. § 6318(a)(5) is a " crime of child abuse" constituting grounds for removal pursuant to 8 U.S.C. § 1227(a)(2)(E)(i). We agree with the BIA’s determination and will thus deny the petition for review.

I.

Mondragon-Gonzalez was admitted to the United States near El Paso, Texas in August 2008 on an immigrant visa. In April 2015, he pled guilty to unlawful contact with a minor.1 Specifically, Mondragon-Gonzalez pled guilty to violating 18 Pa. Cons. Stat. § 6318(a)(5), which provides: A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth: (5) Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).

The state trial court sentenced Mondragon-Gonzalez to a prison term of 8 to 23 months.

On December 14, 2015, the Department of Homeland Security (" DHS" ) commenced proceedings to deport Mondragon-Gonzalez on the basis of his state court conviction. On March 1, 2016, the Immigration Judge found that Mondragon-Gonzalez’s conviction fell within 8 U.S.C. § 1227(a)(2)(E)(i), one of the three statutory

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grounds for removal advanced by DHS.2 Section 1227(a)(2)(E)(i), in pertinent part, provides that " [a]ny alien who at any time after admission is convicted of ... a crime of child abuse ... is deportable." The Immigration Judge concluded that Mondragon-Gonzalez’s conviction constituted a " crime of child abuse" as that phrase has been interpreted by the BIA.

Agreeing with the Immigration Judge, the BIA dismissed Mondragon-Gonzalezs appeal. In doing so, the BIA compared the elements of the state criminal conviction and its interpretation of a " crime of child abuse" articulated in Matter of Velazquez-Herrera, 24...

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