DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201508P.pdf 07/16/2021 Pah Peh v. Merrick B. Garland
U.S. Court of Appeals Case No: 20-1508
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Colloton, Author, with Wollman and Shepherd, Circuit Judges]
Petition for Review - Immigration. The agency concluded that petitioner
was removable because his prior conviction for enticing a minor in
violation of Iowa Code 710.10(3) was a crime of child abuse; the crime of
enticement as defined in Iowa law is not a match for federal law because
the court cannot exclude the possibility that an Iowa offender could be
prosecuted for enticing a minor with intent to comment disorderly conduct
or harassment against a minor; while there must be a "realistic
probability" that Iowa would apply the statute to conduct that falls
outside the generic definition of a crime, it is not clear how the agency
understood the reasonable probability requirement, and the case is
remanded to permit the agency to clarify its reasoning.