United States v. Mendoza, 705 F.3d 1012, (9th Cir. Jan. 15, 2013) (Oregon conviction of third degree rape under Or.Rev.Stat. 163.355 (1999) [A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.], disqualified noncitizen from eligibility for discretionary voluntary departure at time of his removal hearing, so trial courts dismissal of illegal reentry indictment was reversed, because defendant's underlying removal proceeding was consistent with due process where he was correctly informed that he was ineligible for this discretionary relief from removal, under the applicable law at the time of his removal hearing).

NOTE: This case applies Ninth Circuit case law on aggravated felony sexual abuse of a minor as is existed before Estrada"Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir.2008), since the IJs order was issued prior to that case.