Valencia v. Gonzales, ___ F.3d ___ (9th Cir. May 12, 2005) (California conviction of unlawful sexual intercourse with a person under 18 (here 17), in violation of Penal Code 261.5(c), with a five year suspended sentence, constituted a crime of violence aggravated felony under 18 U.S.C. 16(b), within the meaning of INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), and therefore triggered removal under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii), following United States v. Granbois, 376 F.3d 993 (9th Cir. 2004), even though in Granbois, the victim was 15, and in Granbois, the court considered whether the offense "presented a serious potential risk of physical injury to another" under USSG 4B1.2(a), whereas here the question is whether the offense presents "a substantial risk that physical force against the person or property of another may be used in the course of committing the offense," under 18 U.S.C. 16(b)).

jurisdiction: 
Ninth Circuit

 

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