SOLICITATION - DRUG TRAFFICKING

United States v. Estrada-Torres, 179 F.3d
776 (9th Cir. June 7, 1999) (California conviction for sale/offer
to sell/transportation of marijuana, in violation of California
Health & Safety Code § 11360(a), was an "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of illegal re-entry sentence enhancement under
U.S.S.G. § 2L1.2(b)(1)(A)), cert. denied, 531 U.S.

jurisdiction: 
Ninth Circuit

SOLICITATION -POSSESSION OF DRUGS

Coronado-Durazo v. INS, 123 F.3d 1322
(9th Cir. Sept. 30, 1997) (Arizona conviction for solicitation
to possess cocaine, under A.R.S.

jurisdiction: 
Ninth Circuit

SOLICITATION - CRIME OF VIOLENCE

United States v. Cornelio-Pena, 435 F.3d
1279 (10th Cir. Jan. 30, 2006) (Arizona conviction of solicitation
to commit second-degree burglary of a dwelling, in violation
of Ariz. Rev. Stat. § 13-1002, 1507, is a crime of violence
under U.S.S.G.

jurisdiction: 
Tenth Circuit

STATUTORY RAPE - CRIME OF VIOLENCE

Chery v. Ashcroft, 347 F.3d 404 (2d
Cir. Oct. 17, 2003) (Connecticut conviction under Conn.G.S
§ 53a-71 for consensual sexual intercourse with a person under
age 18 (statutory rape) is a crime of violence under 18 U.S.C.
§ 16(b) and aggravated felony under INA 101(a)(43)(F), 8
U.S.C.

jurisdiction: 
Second Circuit

STATUTORY RAPE - CRIME OF VIOLENCE

Xiong v. INS, 173 F.3d 601 (7th Cir.
Apr. 12, 1999) (Wisconsin conviction of "sexual contact
or sexual intercourse with a person who has not attained the
age of 16 years," in violation of W.S.A. § 948.02(2),
was not "crime of violence," and thus was not aggravated
felony under INA § 101(a)(43)(A), 8 U.S.C.

jurisdiction: 
Seventh Circuit

STATUTORY RAPE - UNLAWFUL SEX WITH A MIINOR - CRIME OF VIOLENCE

United
States v. Gomez-Hernandez, 300 F.3d 974 (8th Cir. Aug. 28,
2002) (California conviction of unlawful sexual intercourse
with a minor, in violation of California Penal Code § 261.5(d),
is a crime of violence and therefore an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), and
justifies illegal re-entry sentence enhancement under U.S.S.G.
§ 2L1.2(b)(1)(A)).

jurisdiction: 
Eighth Circuit

SEXUAL ABUSE OF A MINOR - UNLAWFUL SEX WITH A MINOR

Afridi
v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006)
(California misdemeanor conviction of unlawful sexual intercourse
with a minor, in violation of Penal Code § 261.5(c), constituted
sexual abuse of a minor aggravated felony under INA § 101(a)(43)(A),
8 U.S.C.

jurisdiction: 
Ninth Circuit

STATUTORY RAPE - CRIME OF VIOLENCE - UNLAWFUL SEX WITH A MINOR

Valencia
v. Gonzales, 439 F.3d 1046 (9th Cir. Mar. 6, 2006) (California
conviction of engaging in unlawful sexual intercourse with
a minor who is more than three years younger than the perpetrator
under Penal Code § 261.5(c) is not categorically a crime of
violence under 18 U.S.C. § 16 for deportation purposes, since
it does not have force as an element, under 18 U.S.C.

jurisdiction: 
Ninth Circuit

STATUTORY RAPE - UNLAWFUL SEX WITH A MINOR - CRIME OF VIOLENCE

Valencia
v. Gonzales, 431 F.3d 673 (9th Cir. Dec. 12, 2005) (California
conviction of engaging in unlawful sexual intercourse with
a minor who is more than three years younger than the perpetrator
under Penal Code § 261.5(c) is not, absent aggravating factors,
a crime of violence under 18 U.S.C.

jurisdiction: 
Ninth Circuit

STATUTORY RAPE - UNLAWFUL SEX WITH A MINOR - SEXUAL ABUSE OF A MINOR

Valencia v. Gonzales, 406 F.3d 1154 (9th Cir. May 12, 2005)
(California conviction of felony unlawful sexual intercourse
with a minor by a person more than three years older, in violation
of Penal Code § 261.5(c), constituted sexual abuse of a minor,
and was therefore an aggravated felony under INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), for deportation purposes), withdrawn
and superceded by 439 F.3d 1046 (9th Cir. Mar.

jurisdiction: 
Ninth Circuit

 

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