Argued: January 23, 2018
Petition for Review of an Order of the Board of Immigration
Benjamin Winograd, IMMIGRANT & REFUGEE APPELLATE CENTER,
LLC, Alexandria, Virginia, for Petitioner.
L. Melnik, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.
L. Parsonage, ELLIOT MORGAN PARSONAGE PLLC, Winston-Salem,
North Carolina, for Petitioner.
A. Readler, Acting Assistant Attorney General, Civil
Division, Briena L. Strippoli, Senior Litigation Counsel,
Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
THACKER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit
HARRIS, Circuit Judge
Josue Jimenez-Cedillo, a native and citizen of Mexico, was
ordered removed from the United States after the Board of
Immigration Appeals determined that sexual solicitation of a
minor in Maryland, to which Jimenez-Cedillo pled guilty, is a
crime involving moral turpitude. Under Maryland law, sexual
solicitation of a minor does not require that the perpetrator
know the victim's age. And before this case, under Board
of Immigration Appeals precedent, a sexual offense against a
child categorically involved moral turpitude only if the
perpetrator knew or should have known that the victim was a
minor. Because the Board failed to explain its change in
position, we grant Jimenez-Cedillo's petition for review
and remand for further proceedings.
our decision turns on the development of Board of Immigration
Appeals precedent, we begin by laying out in some detail the