The Dobbs Wire: US Supreme Court WIN — Immigration case
A U.S. Supreme Court win! Juan Esquivel-Quintana, a legal permanent resident of the U.S., was 20 when he had consensual sex with his 16-yearold girlfriend. For that he was convicted in California where the age of consent is 18; the same conduct would not be a crime in 43 other states. The feds considered the conviction a serious matter and had Esquivel-Quintana deported. Today the U.S. Supreme Court disagreed, holding the facts of his conviction do NOT justify deportation and that he can stay. Congratulations to Juan Esquivel-Quintana and kudos to his legal eagles led by Jeffrey L. Fisher of Stanford Law School’s Supreme Court Litigation Clinic, and Michael Karlin. Linked below are the Sacramento Bee’s report, SCOTUSblog’s legal analysis, and the Supreme Court’s decision. -Bill Dobbs, The Dobbs Wire
Sacramento Bee | May 30, 2017
He had sex with his 16-year-old girlfriend and was almost deported. Now he can stay
By Kate Irby
Excerpts: Juan Esquivel-Quintana was a legal permanent resident of the U.S. after immigrating from Mexico. Then he had sex with his 16-year-old girlfriend when he was 20, went to jail and faced deportation back to Mexico. The U.S. Supreme Court unanimously reversed that decision Wednesday, allowing Esquivel-Quintana to remain in the U.S. after a series of failed appeals.
He pleaded no contest to statutory rape in 2009, which under California law is defined as “unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator.” He was sentenced to 90 days in jail and five years probation, but a more pressing issue arose after his release: Because the sexual abuse of a minor is considered an aggravated felony, the Department of Homeland Security was seeking to have Esquivel-Quintana stripped of his citizenship and deported to Mexico. Esquivel-Quintana argued that his statutory rape conviction under California law did not equate to the sexual abuse of a minor.
But the Supreme Court agreed with him in its decision Wednesday, ruling that in cases of statutory rape based solely on the ages of the participants, sexual abuse of a minor requires that the victim be younger than 16. The court was quick to note that their decision does not change age of consent laws in any state, only whether legal immigrants can be removed from the U.S. based on statutory rape laws. MORE:
http://www.sacbee.com/news/politics-government/article153329569.html
SCOTUSblog | May 30, 2017
Opinion analysis: Justices continue to apply ordinary modes of statutory interpretation to the U.S. immigration laws
By Kevin Johnson
Excerpt: In the first of a number of immigration decisions from the 2016 term, the Supreme Court today decided its first crime-based removal decision in the new administration, Esquivel-Quintana v. Sessions. The case involved an immigrant from Mexico convicted of what could be viewed as a “sex crime.” The decision in favor of the lawful permanent resident – written by Justice Clarence Thomas for a unanimous court (minus Justice Neil Gorsuch, who did not participate) — might be surprising to some observers.
As described by Thomas, the question before the court was “whether a conviction under a state statute criminalizing consensual sexual intercourse between a 21-year-old and a 17-year-old qualifies as sexual abuse of a minor under the INA.” The court’s answer was brief and straightforward: “We hold that it does not.” MORE:
Esquivel-Quintana v. Sessions
U.S. Supreme Court, Case 16-54
Decision — May 30, 2017:
https://www.supremecourt.gov/opinions/16pdf/16-54_5i26.pdf
Argument — Feb. 27, 2017
Transcript:
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2016/16-54_7l48.pdf
Archived audio:
https://www.oyez.org/cases/2016/16-54