Valencia v. Gonzales, 406 F.3d 1154
(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 trigger removal under INA
237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii)), withdrawn
and superceded by 439 F.3d 1046 (9th Cir. Mar. 6, 2006).