In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding third degree sexual assault under Wis. Stat. 939.2 not to be an aggravated felony involving sexual abuse of a minor under the modified categorical approach. The Board concluded that although the statute is divisible, the respondent pleaded no contest, nothing in the record of conviction indicated the factual basis for the offense, and the victim’s age was not an element of the crime of which the respondent was convicted. The Board also dismissed the charge of removability under INA 237(a)(2)(A)(i) (commission of crime involving moral turpitude within five years of admission) because the offense was committed before the respondent’s adjustment of status. The decision was written by Member Roger Pauley and joined by Member Garry Malphrus and Member John Guendelsberger.