Valencia v. Gonzales, 439 F.3d 1046, 1050 n.4, (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), does not trigger removal where the charge in the NTA that the conviction constituted a sexual abuse of a minor aggravated felony, under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), was dismissed by the Immigration Judge, and the government did not appeal the dismissal: "Indeed, an alien may be removed for having committed a non-forcible sex offense against a minor if it constitutes "sexual abuse of a minor" under 8 U.S.C. 1101(a)(43)(A). Here, that charge [of deportability] was dismissed."), withdrawing and replacing 431 F.3d 673 (9th Cir. December 12, 2005).
http://caselaw.lp.findlaw.com/data2/circs/9th/0372028op.pdf