Esquivel-Quintana v. Sessions

Juan Esquivel-Quintana, a lawful permanent resident from Mexico, pleaded no contest in California to unlawful sexual intercourse with a minor under 18 where the age difference was less than three years. Under California law, this did not constitute statutory rape, but immigration authorities deemed it an aggravated felony as “sexual abuse of a minor,” making him deportable. The Board of Immigration Appeals affirmed. The U.S. Supreme Court unanimously reversed, holding that in the absence of a clear federal definition, the generic meaning of “sexual abuse of a minor” requires an age gap significantly greater than the few years present in this case. Because his offense did not necessarily involve a meaningful age differential, it did not categorically qualify as an aggravated felony, and the removal order was invalidated.

The U.S. Supreme Court ruled 8-0 in favor of Esquivel-Quintana. It held that for a state offense to qualify as “sexual abuse of a minor” under the federal immigration provision, the victim must be younger than 16 and the age difference between the perpetrator and victim must meet a significant threshold; a three-year age gap did not suffice. The decision vacated the removal order.

Whether a state statutory rape conviction based on an age difference of less than four years categorically constitutes “sexual abuse of a minor” and therefore an aggravated felony under the Immigration and Nationality Act, rendering a lawful permanent resident deportable.

The ruling narrowed the scope of aggravated felonies in immigration law, rejecting the government’s expansive interpretation of statutory rape offenses. It provided greater protection for young immigrants from mandatory deportation for consensual teenage relationships, reinforced the requirement of clear congressional intent in removal statutes, and harmonized federal immigration enforcement with the substantial majority of state statutory rape laws that recognize close-in-age exceptions.