Leon Perez v. Garland

I. FACTUAL AND PROCEDURAL BACKGROUND

Leon Perez is a 26-year-old native and citizen of Mexico. In April 2014, he was admitted to the United States on a U- 3 nonimmigrant visa with permission to remain until May 20, 2016. In 2018, Leon Perez successfully filed for adjustment of status and became a legal permanent resident. In 2022, Leon Perez was convicted of attempted lewdness with a child under the age of 14 in violation of Nev. Rev. Stat. §§ 193.330, 201.230(2) and, not pertinent to this appeal, attempted incest in violation of Nev. Rev. Stat. §§ 193.330, 201.180. 2 He was sentenced to a term of between 72 and 180 months in prison, but the court suspended the sentence and placed Leon Perez on probation. On August 4, 2022, DHS issued Leon Perez a Notice to Appear (“NTA”). The NTA charged him as removable under 8 U.S.C. § 1227(a)(2)(A)(iii) for having been convicted of an aggravated felony as defined under 8 U.S.C. § 1101(a)(43)(A), i.e., “sexual abuse of a minor.” DHS later amended the NTA, charging Leon Perez with having been convicted of a different aggravated felony, “an attempt . . . to commit [sexual abuse of a minor],” as defined in 8 U.S.C. § 1101(a)(43)(U). The IJ first…