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.

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.

Chuang v. U.S.
Attorney General, 382 F.3d 1299 (11th Cir. Sept. 2, 2004)
(Florida conviction for "indecent assault child under
16," in violation of Fla. Stat. § 800.04, qualified as
sexual abuse of a minor, thus rendering him deportable as
an aggravated felon under INA § 101(a)(43)(A), 8 U.S.C.
1101(a)(43)(A)).

Bahar v. Ashcroft, 264
F.3d 1309 (11th Cir. Sept. 10, 2001) (North Carolina conviction
of taking indecent liberties with a minor, in violation of
N.C.G.S. § 14-202.1, constituted "sexual abuse of a minor,"
triggering removal as aggravated felon under INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), even though the defendant did not
engage in some form of physical contact with minor).

United States v. Padilla-Reyes,
247 F.3d 1158 (11th Cir. Apr. 11, 2001), cert. denied, 122
S.Ct. 256 (2001) (Florida conviction of violating Florida
Statute § 800.04, "Lewd, lascivious, or indecent assault
or act upon or in presence of child; sexual battery,"
constitutes "sexual abuse of a minor," and therefore
an aggravated felony under INA § 101(a)(43)(A), 8 U.S.C.

United States v. Marin-Navarette,
244 F.3d 1284 (11th Cir. Mar. 23, 2001), cert. denied, 122
S.Ct. 317 (2001) (Washington conviction of third-degree child
molestation constitutes "sexual abuse of a minor,"
and therefore an aggravated felony under INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), for purposes of enhancing illegal
re-entry sentence under U.S.S.G. § 2L1.2(b)(1)(A)).

Matter
of VFD, 23 I. & N. Dec. 859 (BIA 2006) (Florida conviction
for unlawful sexual activity with a minor, in violation of
Fla. Stat. Ann. § 794.05(1), is an aggravated felony sexual
abuse of a minor offense under INA § 101(a)(43)(A), 8 U.S.C.

Matter of Rodriguez-Rodriguez,
22 I. & N. Dec. 991 (BIA Sept. 16, 1999) (en banc) (Texas
conviction of indecency with a child by exposure of private
parts, pursuant to section 21.11(a)(2) of the Texas Penal
Code, constitutes sexual abuse of a minor and is therefore
an aggravated felony within the meaning of INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A)).

United States v. Garza-Lopez, 410 F.3d
268 (5th Cir. May 19, 2005) (California conviction for "[t]ransport/sell
methamphetamine" under Cal. Health & Safety Code
§ 11379(a) did not constitute conviction of drug trafficking
with sentence imposed in excess of 13 months for purposes
of triggering a sentence enhancement under U.S.S.G.

Hernandez-Alvarez v. Gonzales,
432 F.3d 763 (7th Cir. Dec. 28, 2005) (Illinois conviction
of indecent solicitation of a child, in violation of 720 ILCS
§ 5/11-6(a), constituted sexual abuse of a minor aggravated
felony, under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A),
for deportation purposes even though the person solicited
was an adult police officer rather than a minor).