Published on: Monday, February 27, 2017

On Monday, February, 27, 2017, the Supreme Court heard oral argument in the case of Esquivel-Quintana v. Sessions (No. 16-54).  At 20 years old, Esquivel-Quinata had consensual sex with his 16-year-old girlfriend.  He pled no contest to violating a California law which penalizes sex with a person under 18 years old.  At issue is whether a conviction under one of the seven state statutes criminalizing consensual sexual intercourse between a 21-year-old and someone almost 18 constitutes an "aggravated felony" of "sexual abuse of a minor" under 8 U.S.C. sect. 1101(a)(43)(A) of the Immigration and Nationality Act - and therefore constitutes grounds for mandatory removal.  The argument preview by SCOTUSblog is here.  The argument analysis by SCOTUSblog is here.  In 2008, before Esquivel-Quinata's conviction, the 9th Circuit held en banc that a conviction under the California law in question was not a conviction for "sexual abuse of a minor" as defined by the Immigration and Nationality Act.