The Ninth Circuit heard arguments this fall as to whether misdemeanor statutory rape, in violation of California Penal Code 261.5, constitutes an aggravated felony as sexual abuse of a minor, under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A). Valdez-Camacho v. Ashcroft (9th Cir. Docket No. 01-71517). Some of the cases cited as holding that statutory rape constitutes sexual abuse of a minor involve more serious behavior or younger children, and thus may be distinguished. The court might adopt the argument that where the victim is an older teen, consensual sex is not necessarily "abuse" under the reasoning set out in Baron-Medina where the victim had to be "too young to understand the nature of the advances," i.e., under the age of 14. Cases in which the victim was older may thus be distinguished. Thanks to Kathy Brady for this analysis.