LEWD ACT WITH CHILD - CRIME OF VIOLENCE
United States v. Medina-Maella,
351 F.3d 944 (9th Cir. Dec. 10, 2003) (California conviction
for lewd or lascivious acts upon a child under the age of
14 years, under California Penal Code § 288, constitutes a
"crime of violence" for purposes of unlawful re-entry
under U.S.S.G. § 2L1.2, even though the offense does not have
force as an element; recent amendments to U.S.S.G. § 2L1.2
irrelevant).
LEWD ACT WITH A CHILD - SEXUAL ABUSE OF A MINOR
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
United States v. Mendoza-Iribe, 198 F.3d
742 (9th Cir. Oct. 18, 1999), cert. denied, 529 U.S. 1061
(2000) (California conviction under California Penal Code
§ 289(j) for penetrating genital or anal openings of child
under 14 years of age with foreign object was sexual abuse
of a minor under INA § 101(a)(43)(A), 8 U.S.C.
LEWD ACT WITH A CHILD - SEXUAL ABUSE OF A MINOR
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.
SEXUAL ABUSE OF A MINOR
Santiago v. U.S. INS, 134 F.Supp.2d 1102
(N.D.Cal. Mar. 26, 2001) (California conviction of committing
a lewd act with a child, in violation of California Penal
Code § 288(A), constituted aggravated felony under INA 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A) as sexual abuse of a minor for immigration
purposes).
SEX OFFENSE WITH CHILD - CRIME OF VIOLENCE
United States v. Coronado-Cervantes,
154 F.3d 1242 (10th Cir. Sept. 18, 1998) (federal conviction
of knowingly engaging in sexual contact with Native American
juvenile under 12 years of age, in violation of 18 U.S.C.
§ 1153, 2244(a)(1), 2245(3), was "crime of violence"
and thus was predicate to federal sentence as career offender).
SEX OFFENSE OF CHILD - CRIME OF VIOLENCE
United States v. Reyes-Castro,
13 F.3d 377 (10th Cir. Dec. 30, 1993) (Utah conviction of
attempted sexual abuse of child, in violation of Utah Code
Ann. § 76-5-404.1(1) (1990), was crime of violence under 18
U.S.C. § 16(b), and thus an aggravated felony under INA
101(a)(43)(F), 8 U.S.C.
PERSUADE MINOR TO ENGAGE IN UNLAWFUL SEXUAL ACTIVITY - CRIME OF VIOLENCE
United States v. Searcy, 418 F.3d 1193 (11th Cir. July 28,
2005) (federal conviction of using interstate commerce to
persuade a minor to engage in unlawful sexual activity, in
violation of 18 U.S.C. § 2422(b), constitutes a crime of violence
for career offender classification purposes).
INDECENT ASSAULT ON MINOR - SEXUAL ABUSE OF A MINOR
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)).
INDECENT LIBERTIES - SEXUAL ABUSE OF A MINOR
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).