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Kaufmann v. Holder

United States Court of Appeals, First Circuit

July 14, 2014

PETER HEINZ KAUFMANN, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General of the United States, Respondent

PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS.

Justin Conlon on brief for petitioner.

Karen L. Melnik, Trial Attorney, Office of Immigration Litigation, Stuart F. Delery, Assistant Attorney General, Civil Division, and Douglas E. Ginsburg, Assistant Director, on brief for respondent.

Before Lynch, Chief Judge, Torruella and Thompson, Circuit Judges.

OPINION

Page 7

LYNCH, Chief Judge.

Petitioner Peter Heinz Kaufmann, a native of Germany, was convicted under Connecticut law for possession of child pornography. This had immigration consequences. The Board of Immigration Appeals (" BIA" ) found him removable under 8 U.S.C. § § 1101(a)(43)(I) and 1227(a)(2)(A)(iii). He petitions for review, arguing that his admission in the state proceeding to having images of children " having sex" is insufficient to bring him within the federal statute's definition of an aggravated felony of child pornography because the relevant state law of conviction encompasses other conduct. His argument is meritless, and we deny the petition for review.

I.

Petitioner, born in Germany in 1948, lawfully entered the United States in 1959. In 1999, petitioner downloaded child pornography onto his computer, paying for the images with a credit card. In 2002, Connecticut police officers armed with a search warrant entered petitioner's house and found at least five pornographic images involving known minors on petitioner's computer.

Petitioner pleaded guilty to state charges of possession of child pornography under Connecticut law on November 22, 2004. During the plea colloquy, the prosecutor explained to the judge that petitioner had admitted that the images were of " children having sex and it came from Russia." Petitioner was given a suspended sentence of five years along with ten years of probation. Petitioner does not deny making the admission.

On April 8, 2013, the Department of Homeland Security (" DHS" ), based on the Connecticut conviction, charged petitioner with removability under 8 U.S.C. § 1227(a)(2)(A)(iii), which provides that " [a]ny alien who is convicted of an aggravated felony at any time after admission is deportable." See also 8 U.S.C. § 1101(a)(43)(A), (I).

In an oral decision on June 4, 2013, an Immigration Judge (" IJ" ) found that petitioner was removable as an aggravated felon and ordered his deportation to Germany. Petitioner appealed to the BIA,

Page 8

which dismissed the appeal and affirmed the order of removal on October 17, 2013. This ...


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