Claro v. Mukasey

MEMORANDUM **

Cesar Arios Claro, a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the decision of an immigration judge (“IJ”) finding Claro removable for having been convicted of an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii). The IJ ruled that Claro’s conviction for sexual assault in the third degree under Haw.Rev.Stat. § 707-732(l)(b) constituted sexual abuse of a minor, which is classified as an aggravated felony under 8 U.S.C. § 1101(a)(43)(A).1

To determine whether a crime js an…