Kaufmann v. Holder

Petitioner, a native of Germany, lawfully entered the United States in 1959. In 2004, Petitioner pleaded guilty to possession of child pornography under Connecticut law. The Board of Immigration Appeals (BIA) later concluded that Petitioner was removable for having been convicted of an aggravated felony of child pornography under 8 U.S.C. 1101(a)(43)(I) and 1227(a)(2)(A)(iii). Petitioner petitioned for review, contending the government did not meet its burden of showing that the state conviction fell under the federal statute because the relevant state law of conviction encompassed other conduct. The First Circuit denied Petitioner’s petition for review, holding that Petitioner’s admission in the state proceeding to having images of children “having sex” was sufficient to bring him within the federal statute’s definition of an aggravated felony of child pornography. View "Kaufmann v. Holder" on Justia Law