Jimenez-Juarez

In this appeal, we consider whether a felony conviction for child molestation in the third degree under Revised Code of Washington section 9A.44.089 constitutes a crime of child abuse within the meaning of 8 U.S.C. § 1227 (a)(2)(E)®. We conclude that it does.

Petitioner Rey Jimenez-Juarez, a native and citizen of Mexico with lawful permanent resident status in the United States, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA”). Petitioner pleaded guilty to violating Revised Code of Washington section 9A.44.089, child molestation in the third degree. Section 9A.44.089 prohibits a person from having sexual contact with a minor who is 14 or 15 years of age when the perpetrator is at least forty-eight months older than the minor.

Because of Petitioner’s conviction, the government charged Petitioner as removable as an alien convicted of an aggravated felony, an alien convicted of a crime of moral turpitude, and an alien convicted of a crime of child abuse. The immigration judge concluded that Petitioner’s conviction constituted an aggravated felony, a crime of moral turpitude, and a crime of child abuse. The BIA affirmed.…