CA4 on Agg. Fel. - Amos v. Lynch

"In this appeal, we review consolidated petitions filed by Richard Jesus Amos, a citizen of the Philippines, challenging decisions of the Board of Immigration Appeals (the BIA, or the Board), which dismissed Amos’s appeal from an immigration judge’s order of removal and denied Amos’s motion for reconsideration. The BIA determined that Amos was removable based on his conviction in 1990 for “causing abuse to a child,” in violation of Maryland law.

The BIA held that this offense qualified as an “aggravated felony” under the generic federal crime of “sexual abuse of a minor,” as listed in 8 U.S.C. § 1101(a)(43)(A). We are not persuaded by the BIA’s analysis and its conclusion, because the least culpable conduct under the former Maryland statute prohibiting sexual abuse of a child does not necessarily qualify as the generic federal offense of “sexual abuse of a minor,” as interpreted by the BIA. We therefore grant Amos’s petitions for review and vacate the order for his removal." - Amos v. Lynch, June 10, 2015.  [Hats off to Jay S. Marks!]