Guerrero-Perez v. INS
United States Court of Appeals for the Seventh Circuit
242 F.3d 727 (2001)
Relevant factsFree
Guerrero-Perez (petitioner), a lawful permanent resident who entered the U.S. as an infant, pleaded guilty in Illinois state court to the misdemeanor offense of criminal sexual abuse. The immigration court found him removable and ineligible for cancellation of removal because the offense qualified as the aggravated felony of sexual abuse of a minor, and the Board of Immigration Appeals affirmed; Guerrero-Perez appealed, arguing a state misdemeanor could not, by definition, constitute an aggravated felony.
IssueFree
Whether a misdemeanor conviction under state law can be treated as an aggravated felony for federal immigration purposes.