This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioner, the key statutory term of the INA in this case is the word "abuse."
Petitioner argues that “abuse” applies only when the younger participant is under 16 years old.
Respondent, through counsel Allon Kedem, argues that “sexual abuse of a minor” should cover any sexual activity directed at a person under 18.
Background and question before the Court
According to Petitioner, the key statutory term in the INA is “abuse,” and it applies only when the younger participant is younger than 16 years old.
According to Allon Kedem, the phrase “sexual abuse of a minor” should cover all sexual activity directed at a minor under 18 years old.
What each side argues
Petitioner
According to Petitioner, the statutory term “abuse” applies only when the younger partner is younger than 16 years old.
Respondent
According to Allon Kedem, the phrase “sexual abuse of a minor” should be interpreted to cover all sexual activity directed at a minor under 18 years old.
According to MR. KEDEM, even after applying Chevron deference, the rule of lenity may still apply where statutory gaps remain.
According to MR. KEDEM, the aggravated felony definition in the INA is a “spine” that affects many immigration consequences, not just removability.
What happened at oral argument
JUSTICE ALITO: And you're not asking us to overrule Chevron.
According to Justice Sotomayor, jUSTICE SOTOMAYOR: So what do we do with Chevron if we think it's ambiguous?
According to Chief Justice Roberts, cHIEF JUSTICE ROBERTS: So you necessarily apply Chevron before you apply the rule of lenity?
According to Justice Alito, jUSTICE ALITO: Is it your understanding anything other than -- if a stranger does anything to a minor other than commit a rape, then that would not be sexual abuse of a minor because the person wouldn't be a relative or an acquaintance?
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 997991615a8823ce0886-r1-7d999b607800d3b0.pdforal argument transcript
Guide generated September 25, 2026. Automated validation accepted this version.