Aggravated Felonies

(A)  As “Rape.” [680]  Since this offense is commonly characterized as “unlawful sexual intercourse with a minor,” and does not require force or fear as an essential element, it does not necessarily constitute an aggravated felony under the theory that it is “rape.”  On the other hand, the Ninth Circuit has held that an offense may be considered “rape” where the only force required is that needed to penetrate.[681]  See § 5.66, supra.

[680] INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A).

[681] United States v. Yanez-Saucedo, 295 F.3d 991 (9th Cir. July 8, 2002).