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Child Pornography Conviction Reversed, and Immigration Matter

By FindLaw Staff on August 03, 2010 | Last updated on March 21, 2019

Lecaj v. Holder, No. 09-0768, involved a petition for review of the order of the Board of Immigration Appeals (BIA) and the decision of the Immigration Judge (IJ) denying petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture.  The court of appeals denied the petition on the grounds that 1) the IJ reasonably designated -- and the BIA implicitly adopted -- Montenegro as the country of removal in accordance with 8 U.S.C. section 1231(b)(2)(D) and (E); 2) the State Department's report constituted substantial evidence of a fundamental change in Montenegrin country conditions sufficient to rebut any presumption of a well-founded fear of future persecution.

In US v. Broxmeyer, No. 09-1457, the court of appeals reversed defendant's convictions for production of child pornography and for transportation of a minor across state lines with the intent to engage in criminal sexual activity, holding that 1) the prosecution failed to prove beyond a reasonable doubt that defendant persuaded, induced, or enticed the victim to take Photos 1 and 2; and 2) an 18 U.S.C. section 2423(a) conviction cannot lie where the unlawful sexual act occurs before the crossing of state lines, and where there is no evidence of an intent to commit a sexual act when state lines were crossed.

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