Aguilar v. Attorney General of the United States

OPINION OF THE COURT

JORDAN, Circuit Judge.

Victor Aguilar petitions for review of a decision of the Board of Immigration Appeals (“BIA”) ordering that he be removed because he was convicted of “sexual assault” under 18 Pa. Cons.Stat. § 3124.1 (“§ 3124.1”), which the BIA determined was a crime of violence under 18 U.S.C. § 16(b) (“§ 16(b)”), and therefore an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). Aguilar asserts that crimes involving a minimum mens rea of recklessness cannot be crimes of violence under § 16(b). Accordingly, he argues that, because the minimum mens rea necessary for…