Chavez-Solis v. Lynch

Petitioner, a native and citizen of Mexico, seeks review of the BIA's decision holding that his conviction for possessing child pornography under California Penal Code 311.11(a) is an aggravated felony under 8 U.S.C. 1101(a)(43)(I). The court held, however, that petitioner's conviction under section 311.11(a) does not qualify as an aggravated felony because it is categorically broader than the federal statute, 18 U.S.C. 2252(a)(4)(B). Further, section 311.4(d) is indivisible, and the modified categorical approach was not applicable in this instance where section 311.11(a)’s reference to “sexual conduct” does not create different crimes, each one depending on the particular sexual conduct depicted in an alleged image of child pornography. Accordingly, the court granted the petition for review and remanded for further proceedings. View "Chavez-Solis v. Lynch" on Justia Law