The Eighth Circuit has determined that a Minnesota conviction for criminal sexual conduct in the third degree is a sexual abuse of a minor aggravated felony.  The Minnesota statute at issue makes it a crime for an actor to engage in “sexual penetration” with another when the other party is “at least 13 but less than 16 years of age and the actor is more than 24 months older.”  The Minnesota statute at issue here, however, requires a victim who is younger than sixteen, and thus, it still qualifies as an aggravated felony in light of the Supreme Court's decision in Esquival-Quintana.  

The full text of Garcia-Urbano v. Sessions can be found here: