Cadapan v. Att’y Gen. of U.S.

In 2011 Cadapan, a citizen of the Philippines and a lawful permanent U.S. resident, was convicted of indecent assault with a person less than 13 years of age, indecent assault without consent, corruption of minors, and was sentenced to a term of imprisonment not less than three months nor more than 23 months and supervised probation for 36 months, In 2012, Cadapan was granted parole and was transferred to the custody of the Department of Homeland Security, which charged him with removability under 8 U.S.C. 1227(a)(2)(A)(iii), as an alien who, after admission, was convicted of an aggravated felony as defined in 8 U.S.C. 1101(a)(43)(A) and with removability under 8 U.S.C. 1227(a)(2)(E)(i), as an alien convicted of a crime of child abuse. He argued that the Pennsylvania statute for indecent assault encompassed conduct that could not be considered sexual abuse of a minor under the federal statute. The Immigration Judge rejected this argument. The BIA dismissed Cadapan’s appeal. The Third Circuit dismissed and also rejected an argument that the statute did not apply because Cadapan had not been admitted to the U.S. as not having been raised below. View "Cadapan v. Att'y Gen. of U.S." on Justia Law