Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006)(California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), is not categorically a crime of violence under 18 U.S.C. 16(b), or an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for removal purposes, since the minimum conduct does not fall within the ground, and applying a modified categorical analysis: "Our inquiry here is whether the documents of conviction or other judicially noticeable facts suggest that the offense, by its nature, involves the targeted risk of the use of physical force: for instance, that the unlawful intercourse was preceded by a threat or the stalking of the minor" and the documents of record do not do so), withdrawing and replacing 431 F.3d 673 (9th Cir. Dec. 12, 2005). http://caselaw.lp.findlaw.com/data2/circs/9th/0372028op.pdf