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Jimenez-Cedillo v. Sessions

United States Court of Appeals, Fourth Circuit

March 20, 2018

PEDRO JOSUE JIMENEZ-CEDILLO, Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney General, Respondent. PEDRO JOSUE JIMENEZ-CEDILLO, Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney General, Respondent.

          Argued: January 23, 2018

         On Petition for Review of an Order of the Board of Immigration Appeals.

         ARGUED:

          Benjamin Winograd, IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner.

          Karen L. Melnik, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

         ON BRIEF:

          Helen L. Parsonage, ELLIOT MORGAN PARSONAGE PLLC, Winston-Salem, North Carolina, for Petitioner.

          Chad 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.

          Before THACKER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

          PAMELA HARRIS, Circuit Judge

         Pedro 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.

         I.

         A.

         Because our decision turns on the development of Board of Immigration Appeals precedent, we begin by laying out in some detail the ...


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