United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-60080 ____________ FILED May 9, 2025 Erick Jose Sandoval Argueta, Lyle W. Cayce Clerk Petitioner,

versus Pamela Bondi, U.S. Attorney General,

Respondent. ______________________________

Appeal from the Board of Immigration Appeals Agency No. A060 824 234 ______________________________ Before Graves, Higginson, and Wilson, Circuit Judges. Cory T. Wilson, Circuit Judge: While lawfully present in the United States, Erick Jose Sandoval Argueta, a Salvadoran who was nineteen years old at the time, solicited sex over the internet from someone he thought was a thirteen-year-old girl—but in actuality was an undercover police officer. He was convicted in Texas of online solicitation of a minor, and based on that conviction, an immigration judge (IJ) ordered him removed for a “crime of child abuse,” relying on this court’s decision in Adeeko v. Garland, 3 F.4th 741 (5th Cir. 2021). The Board of Immigration Appeals (BIA) affirmed, though Sandoval Argueta thereafter sought reconsideration of that determination before the IJ. Case: 23-60080 Document: 177-1 Page: 2 Date Filed: 05/09/2025

No. 23-60080

Sandoval Argueta has filed two petitions for review in this court, challenging the BIA’s removability determination and its subsequent denial of his motion to reconsider. We deny both. I. More than a decade after he was lawfully admitted to the United States as a permanent resident, Sandoval Argueta was convicted of three crimes under Texas law. In April 2021, he was convicted of property theft and the manufacture or delivery of a controlled substance. Four months later, while on probation for his two prior convictions, Sandoval Argueta was convicted of online solicitation of a minor in violation of Texas Penal Code § 33.021(c), after he solicited sex from an undercover police officer posing online as a thirteen-year-old girl. Based on his solicitation conviction, the Government charged Sandoval Argueta as removable under 8 U.S.C. § 1227(a)(2)(E)(i) for committing a “crime of child abuse.” After he admitted to having been convicted of online solicitation of a minor, the IJ found Sandoval Argueta removable as charged. Though Sandoval Argueta had already been found removable for committing a “crime of child abuse,” the Government supplemented Sandoval Argueta’s charging document, alleging that he was also removable because he had been convicted of (1) an aggravated felony—drug trafficking, see id. § 1227(a)(2)(A)(iii), (2) “violation of [a] law relating to a controlled substance,” see id. § 1227(a)(2)(B)(i), and (3) “a crime involving moral turpitude,” see id. § 1227(a)(2)(A)(i)(II). 1 The Government later withdrew as grounds for removal Sandoval Argueta’s “crime involving moral _____________________ 1 The Government retains the authority to substitute and supplement charges of removability at any time. 8 C.F.R. § 1240.10(e) (“At any time during the proceeding, additional or substituted charges of inadmissibility and/or deportability and/or factual allegations may be lodged by DHS in