Valencia v. Gonzales, 406 F.3d 1154
(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)),
withdrawn and superceded by 439 F.3d 1046 (9th Cir. Mar. 6,
2006).

jurisdiction: 
Ninth Circuit

 

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