Navy Midshipman Convicted of Sexual Assault: Court Ruling
A military appeals court upheld a 10-year prison sentence for a U.S. Naval Academy midshipman convicted of sexual assault and burglary against fellow midshipmen. The Navy-Marine Corps Court of Criminal Appeals issued its ruling in September 2026, rejecting all five defense arguments. For immigrants in or connected to the military, a court-martial conviction can carry serious immigration consequences.
A Navy-Marine Corps Court of Criminal Appeals panel upheld the conviction and 10-year sentence of a U.S. Naval Academy midshipman for sexual assault and burglary in September 2026. The three-judge panel — Chief Judge Korn, Senior Judge Harrell, and Judge Davis — found no prejudicial error in the second court-martial of Midshipman Nixon Keago.
What happened in this case
Keago was convicted of crimes against two fellow female midshipmen: one incident in October 2018 at the Naval Academy in Annapolis, and another in May 2019 during Fleet Week in New York City. In the first case, the victim woke up to Keago rubbing against her without consent. In the second, Keago entered female berthing on a Navy training vessel multiple times during the night, pressing himself against a sleeping midshipman who repeatedly told him to leave.
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This was Keago's second court-martial. His first conviction — from August 2020, which carried a 25-year sentence — was thrown out by the Court of Appeals for the Armed Forces in 2024 because the military judge had failed to remove two biased panel members. At the second trial, Keago's defense team again challenged panel members for bias, including one member who acknowledged that people can hold subconscious biases based on race and immigration status. The military judge denied those challenges. The appeals court reviewed all five defense arguments — including claims that the evidence was insufficient — and rejected each one.
The sentence from the second court-martial: forfeiture of all pay and allowances, 10 years of confinement, and a dismissal from the Navy. Keago received credit for 1,799 days of pretrial confinement already served.
What to do
- If you are an immigrant or visa holder connected to the U.S. military — as a service member, dependent, or contractor — understand that a court-martial conviction can trigger immigration consequences including removal proceedings. Consult an immigration lawyer immediately if you face any military criminal charge.
- If you are in removal proceedings and a military court ruling is cited against you, ask your immigration attorney whether the decision is binding precedent. This ruling is persuasive authority only under NMCCA Rule of Appellate Procedure 30.2 — it is not binding on immigration courts.
- If you are a victim of a crime in the military and hold a nonimmigrant visa, ask an attorney about U visa eligibility (a visa for crime victims who cooperate with law enforcement) — reporting the crime to military authorities may qualify.
What to do, step by step — see our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
A court-martial conviction for a crime involving moral turpitude — such as sexual assault — is treated the same as a civilian criminal conviction for immigration purposes. That means it can bar you from adjusting status to a green card, trigger mandatory detention, or make you deportable even if you are a lawful permanent resident. If you are a noncitizen facing military charges, you need both a military defense attorney and an immigration attorney working together from the start. Do not wait for the outcome of the criminal case to think about immigration consequences — consult an attorney now.
Frequently Asked Questions
Can a court-martial conviction affect my green card or visa?
Yes. USCIS and immigration courts treat court-martial convictions the same as civilian criminal convictions. A conviction for a serious offense like sexual assault can make you deportable, bar you from getting a green card, or disqualify you from naturalization.
Is this appeals court ruling binding on immigration courts?
No. The court stated clearly that this opinion is persuasive authority only — not binding precedent. Immigration judges are not required to follow it, but they may consider it.
Why was there a second court-martial in this case?
The Court of Appeals for the Armed Forces threw out the first conviction in 2024 because the military judge failed to remove two panel members who showed implied bias. The case was retried, and the second conviction was upheld in September 2026.
If I am a crime victim in the military and I am on a visa, can reporting help my immigration status?
Possibly. Victims of certain crimes who cooperate with law enforcement — including military authorities — may qualify for a U visa. Talk to an immigration attorney to find out if your situation qualifies.