## Facts

- Jose F. Guerrero-Perez, a native and citizen of Mexico, was admitted to the United States as a lawful permanent resident as an infant in 1979.
- He was convicted in Illinois state court of criminal sexual abuse involving a minor, classified under Illinois law as a Class A misdemeanor.
- He was also convicted of an offense treated in removal proceedings as “child abuse.”
- The government initiated removal proceedings charging removability under:
  - INA § 237(a)(2)(A)(ii) (two crimes involving moral turpitude),
  - INA § 237(a)(2)(A)(iii) (aggravated felony, based on “sexual abuse of a minor” under INA § 101(a)(43)(A)), and
  - INA § 237(a)(2)(E)(i) (child abuse).
- The Immigration Judge rejected the two-CIMT charge but found Guerrero removable for an aggravated felony and for child abuse.
- The Board of Immigration Appeals affirmed the removal order; its decision did not expressly discuss whether a misdemeanor may qualify as an aggravated felony.
- Guerrero petitioned for judicial review, arguing his misdemeanor conviction could not be an aggravated felony and that he therefore should remain eligible for cancellation of removal.

## Issues

1. Whether a state offense labeled a misdemeanor can constitute an “aggravated felony” under INA § 101(a)(43)(A) as “sexual abuse of a minor.”
2. Whether Guerrero’s Illinois conviction for criminal sexual abuse of a minor falls within the federal immigration category “sexual abuse of a minor,” making him removable and ineligible for cancellation of removal.

## Decision

- The Seventh Circuit denied the petition for review and upheld the final order of removal.
- The court held that Guerrero’s Illinois Class A misdemeanor conviction constituted an aggravated felony as “sexual abuse of a minor” under INA § 101(a)(43)(A).
- Because he was an aggravated felon, he was removable on that ground and statutorily ineligible for cancellation of removal.

## Legal Principles

- “Aggravated felony” is a federal immigration term defined by the INA; state felony/misdemeanor labels do not control the federal classification.
- An offense may be an aggravated felony if its elements fit an INA-enumerated category, including “sexual abuse of a minor” in INA § 101(a)(43)(A), regardless of state grading.
- Courts apply a categorical, elements-based analysis to determine whether the conviction matches the generic federal category.
- Child-abuse removability under INA § 237(a)(2)(E)(i) is distinct from the aggravated-felony determination; a separate qualifying aggravated-felony conviction independently triggers removal consequences, including ineligibility for cancellation of removal.
- Whether a conviction qualifies as an INA aggravated felony presents a question of statutory interpretation subject to de novo judicial review.

## Conclusion

The Seventh Circuit concluded that Guerrero-Perez’s Illinois misdemeanor conviction for criminal sexual abuse of a minor fell within the INA category “sexual abuse of a minor” and therefore constituted an aggravated felony, rendering him removable and barring cancellation of removal.


Guerrero-Perez v. I.N.S., 242 F.3d 727 (7th Cir. 2001)