CHEVRON DEFERENCE

Esquivel-Quintana v. Lynch

Issues

Does the defendant’s conviction of unlawful sexual intercourse with a child under Florida law constitute the federal offense of an aggravated felony under 8 U.S.C. § 1101(a)(43)(A)?

Court below

United States Court of Appeals for the Sixth Circuit

The Supreme Court will decide whether a conviction under a California criminal statute prohibiting unlawful sexual intercourse with a minor categorically constitutes “aggravated felony” under a federal statute prohibiting “sexual abuse of a minor”—a violation that would provide a legal basis for deportation of a noncitizen. Juan Esquivel-Quintana argues that his conviction does not meet the federal definition if the lowest qualifying conduct under the state statute does not necessarily constitute a crime under the federal statute. He argues that federal law, the Model Penal Code, and the criminal laws of forty-three states affirm that his conduct is not convictable under the federal statute and thus fails categorically. Moreover, he argues that the Court should not defer to the Board’s determination that ‘minor’ under the federal statute means anyone under eighteen years of age because, among other reasons, it impermissibly relies on non-criminal law guidance. In rebuttal, Attorney General Loretta E. Lynch argues that a plain-language interpretation of the California statute is sufficient to resolve the issue against Esquivel-Quintana and that a multi-jurisdictional analysis is unnecessary in light of the plain language. If, however, the Court determines there to be ambiguities, Lynch asserts that the Board’s determination is reasonable and should be offered deference by the Court. This case may have policy implications regarding separation of powers and fair notice concerns.

Questions as Framed for the Court by the Parties

Under federal law, the Model Penal Code, and the laws of 43 states and the District of Columbia, consensual sexual intercourse between a 21-year-old and someone almost 18 is legal. Seven states have statutes criminalizing such conduct.

The question presented is whether a conviction under one of those seven state statutes constitutes the “aggravated felony” of “sexual abuse of a minor” under 8 U.S.C. § 1101(a)(43)(A) of the Immigration and Nationality Act—and therefore constitutes grounds for mandatory removal.

Juan Esquivel-Quintana entered the United States from Mexico in 2000 under an immigrant visa and then became a lawful permanent resident. See Esquivel-Quintana v. Lynch, No. 15-3101 at 2 (6th Cir.