No. 10–3433. 2011-08-24 Manuel de Jesus FAMILIA ROSARIO, Petitioner,v.Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. Garrett A. Levin (argued), Attorney, Jenner & Block LLP, Washington, DC, Charles Roth, Attorney, National Immigrant Justice Center, Chicago, IL, for Petitioner.Genevieve Holm, Sabatino F. Leo (argued), OIL, Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent. Before BAUER, FLAUM, and WILLIAMS, Circuit Judges
A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Prostitution is a class B Misdemeanor. N.Y. Penal Law § 230.00
(a)Activities within 10 years preceding visa application. An alien shall be ineligible under INA 212(a)(2)(D) only if- (1) The alien is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution, or the alien directly or indirectly procures or attempts to procure, or procured or attempted to procure or to import prostitutes or persons for the purposes of prostitution, or receives or received, in whole or in part, the proceeds of prostitution;