SEXUAL ABUSE OF A MINOR - SEXUAL ASSAULT
United States v. Martinez-Carillo,
250 F.3d 1101 (7th Cir. May 17, 2001), cert. denied, 122 S.Ct.
285 (2001) (Illinois conviction for criminal sexual assault
in violation of 720 ILCS § 5/12-13(a)(3), for inserting finger
into daughters vagina, who was thirteen years old at the
time, was an aggravated felony as sexual abuse of a minor,
under INA § 101(a)(43)(A), 8 U.S.C.
SEXUAL ABUSE OF A MINOR - SEXUAL ASSAULT OF A MINOR
United States
v. Mendez-Morales, 384 F.3d 927 (8th Cir. Oct. 6, 2004) (Nebraska
conviction of first-degree sexual assault of a minor constituted
aggravated felony sexual abuse of a minor, for purposes of
illegal re-entry sentence enhancement).
SEXUAL ABUSE OF A MINOR - COMMUNICATION WITH MINOR FOR IMMORAL PURPOSES
Parrilla v. Gonzales, 414 F.3d 1038 (9th Cir. July 11, 2005)
(Washington conviction of communication with a minor for immoral
purposes, in violation of Washington Revised Code § 9.68A.090,
is not categorically an aggravated felony under INA § 101(a)(43)(A),
8 U.S.C.
SEXUAL ABUSE OF A MINOR - UNLAWFUL SEX WITH 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1101(a)(43)(A), for deportation purposes), withdrawn and superceded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. 6, 2006).
SEXUAL ABUSE OF MINOR - SEXUAL SEDUCTION
United States v. Alvarez-Gutierrez,
394 F.3d 1241 (9th Cir. Jan. 14, 2005) (Nevada conviction
for statutory sexual seduction, for having had sexual intercourse
with a 14-year-old girl, in violation of Nev.Rev.Stat. §
200.364, 368, punishable as a gross misdemeanor by a sentence
of up to one year, Nev.Rev.Stat.
SEXUAL ABUSE OF A MINOR - ANNOY MOLEST
United States v. Pallares-Galan,
359 F.3d 1088 (9th Cir. Feb. 20, 2004) (California conviction
of violating Penal Code § 647.6(a), annoy or molest a child
under 18, is conviction under a "divisible statute,"
and does not constitute an aggravated felony "sexual
abuse of a minor" offense for illegal re-entry sentencing
purposes).
SEXUAL ABUSE OF A MINOR - LEWD ACT WITH A CHILD
Cedano-Viera v. Ashcroft,
324 F.3d 1062 (9th Cir. Apr. 7, 2003) (Nevada conviction of
lewd act on a child, in violation of Nevada Revised Statute
§ 201.230(1), 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), depriving the court of appeals
of jurisdiction to review a removal order).
SEXUAL ABUSE OF A MINOR - LEWD ACT WITH A CHILD
United States v.
Baron-Medina, 187 F.3d 1144 (9th Cir. Aug. 19, 1999), cert.
denied, 531 U.S. 1167 (2001) (California conviction for committing
a lewd act on a child under 14, in violation of California
Penal Code § 288(a), 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.
DRUG TRAFFICKING - ACCESSORY AFTER THE FACT
Matter of Batista-Hernandez,
21 I. & N. Dec. 955 (BIA July 15, 1997) (federal conviction
pursuant to 18 U.S.C. § 3 as accessory after the fact to a
drug-trafficking crime does not establish deportability as
a drug-trafficking aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.
DRUG TRAFFICKING - SALE
Matter of Ponce De Leon-Ruiz, 21 I. &
N. Dec. 154 (BIA Jan. 3, 1996) (en banc) (Minnesota conviction
of sale of marijuana, in violation of Minnesota Statutes §
152.025(1), constitutes an aggravated felony as a drug-trafficking
crime under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
despite argument that law allowed reduction to misdemeanor
on successful completion of probation).