Two recent decisions, both published January 12th, challenge BIA decisions regarding the immigration implications of certain sex crime convictions.

In Totimeh v. Attorney General of U.S., __ F.3d __ (3rd Cir. 2012), the Third Circuit rejected the BIA’s holding from Matter of Tobar-Lobo, 24 I. & N. Dec. 143 (BIA 2007) that failing to register as a sex offender was a CIMT.  That would be three Circuits to have now rejected the BIA’s flawed analysis.

In Perez-Gonzalez v. Holder, __ F.3d __ (5th Cir. 2012), the Fifth Circuit held that the common law definition of “rape” does not include “digital penetration,” meaning a person convicted under a “rape” statute that included “digital penetration” was not removable as an Aggravated Felon.