NY Sex Abuse Conviction Still Triggers Deportation in 2026

What if you pleaded guilty to a misdemeanor — not a felony — and immigration court still says you committed an "aggravated felony" under federal law? That is exactly what happened to Sofiqul Islam, a Bangladeshi green card holder living in New York. On October 14, 2026, the U.S. Court of Appeals for the Third Circuit upheld his deportation order, ruling that his New York misdemeanor conviction for second-degree sexual abuse is a categorical match for the federal definition of "sexual abuse of a minor" — one of the crimes that triggers mandatory removal under the Immigration and Nationality Act (INA).

What the Court Decided — and Why It Matters for Removal Proceedings

Islam had argued that a 2024 Supreme Court decision, Loper Bright Enterprises v. Raimondo, changed the rules. That ruling ended a legal doctrine called Chevron deference, which had required courts to defer to federal agencies' interpretations of ambiguous laws. Islam's lawyers said this meant courts should take a fresh look at whether his New York conviction really matched the federal definition of sexual abuse of a minor. The Third Circuit disagreed. Writing for the panel, Circuit Judge Krause said that while Loper Bright bars courts from applying Chevron deference going forward, it was not meant to overturn existing court precedent that already used that deference. Because the Third Circuit had already ruled — in prior cases — that New York Penal Law § 130.60(2) matches the federal aggravated felony definition, that precedent stands. Islam's argument did not change the outcome.

Islam also applied for protection under the Convention Against Torture (CAT) — a form of relief that asks the government not to deport someone to a country where they would likely be tortured. He pointed to his history as a member of the Bangladesh Nationalist Party (BNP) and to violent crackdowns by the rival Awami League. The Immigration Judge found him credible but denied CAT relief, saying he had not shown he personally would be targeted. By the time the Board of Immigration Appeals (BIA) reviewed his case, the political situation in Bangladesh had shifted: Prime Minister Hasina was ousted in August 2024 and replaced by interim leader Muhammad Yunis. The BIA noted that country conditions had improved, and the Third Circuit found no legal error in that conclusion.

The practical takeaway from this ruling is stark. Under the INA's "categorical approach" to aggravated felonies, immigration courts do not look at the specific facts of your case. They compare the elements of the state crime you were convicted of against the federal definition. If the state law covers the same conduct — or narrower conduct — than the federal definition, you are removable, even if the state called it a misdemeanor. A 364-day jail sentence for a misdemeanor was enough to end Islam's status as a lawful permanent resident (green card holder) and trigger deportation.

What to Do If You or Someone You Know Faces a Similar Situation

• If you are a green card holder and you are considering a guilty plea to any criminal charge — especially one involving a minor — consult an immigration attorney before you plead. A criminal defense lawyer may not know how a plea affects your immigration status.
• If you are already in removal proceedings (immigration court), ask your attorney whether CAT protection, withholding of removal, or any other form of relief applies to your case. An aggravated felony conviction bars asylum but does not automatically bar CAT relief.
• If you believe a Supreme Court ruling changed the law that applies to your case, discuss the Loper Bright argument with an immigration attorney — but understand that the Third Circuit has now said this argument does not override existing circuit court precedent on aggravated felonies.
• Track country-conditions evidence carefully if you have a CAT claim. Courts and the BIA can take notice of political changes in your home country, and those changes can affect your case even after the Immigration Judge issues a decision.

A full breakdown of this topic — in our guide “Immigration Court Rulings”.