CA10 on Chevron, Aggravated Felony: Rangel-Perez v. Lynch

Rangel-Perez v. Lynch, Mar. 1, 2016 - "Petitioner Fabian Rangel-Perez challenges the Board of Immigration Appeals’ (“BIA”) characterization of his Utah misdemeanor conviction as an “aggravated felony” under the Immigration and Nationality Act (“INA”). ... Because it requires no mens rea, the Utah statute punishes a broader range of conduct than the conduct that falls within the INA’s generic “sexual abuse of a minor” offense, which requires proof of at least a “knowing” mens rea. A conviction under the Utah statute, then, does not fall categorically within the INA’s generic “sexual abuse of a minor” offense; Rangel-Perez’s Utah conviction does not qualify as an “aggravated felony” under the INA; and he is not disqualified from seeking discretionary cancellation of removal. ... For the foregoing reasons, we GRANT Rangel-Perez’s petition for review, REVERSE the BIA’s decision that Rangel-Perez is not eligible for cancellation of removal because he had an “aggravated” felony conviction, and REMAND this case for further proceedings."  [Hats off to Aaron Tarin and Skyler Anderson!]