Valencia v. Gonzales, ___ F.3d ___ (9th Cir. May 12, 2005) (California conviction of unlawful sexual intercourse with a person under 18, in violation of Penal Code 261.5(c), with a five-year suspended sentence, did not have as an element the use or threat of force, and so did not constitute a crime of violence aggravated felony under 18 U.S.C. 16(a), within the meaning of INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), or triggered removal under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii)).
jurisdiction:
Ninth Circuit