United States v. Pallares-Galan, 359 F.3d 1088 (9th Cir. February 20, 2004) (California Penal Code 647.6(a), annoy or molest a child under 18, is a divisible statute, and does not constitute an aggravated felony "sexual abuse of a minor" offense).

Please see our E-Newsletter of April 8, 2004 for a discussion on the topic.

FOR CRIMINAL DEFENSE COUNSEL:  Consensual sex with a minor is not a safe plea at this time.  Even after the new decision in Valencia, in the Ninth Circuit (and elsewhere), this offense is an aggravated felony by immigration authorities, regardless of sentence imposed, as "sexual abuse of a minor."   For suggestions for possible alternate pleas, see Note: Sex Crimes at California Quick Reference Chart and Notes, www.ilrc.org/criminal.html. FOR ALL COUNSEL:  In Valencia v Gonzalez ___ F.3d ___, 2005 WL 3358678 (9th Cir.

Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (July 11, 2005) (Washington conviction of communication with a minor for immoral purposes, in violation of Washington Revised Code section 9.68A.090, was not on its fact an aggravated felony because it did not categorically meet the definition of "sexual abuse of a minor" under INA 101(a)(43)(A), 8 U.S.C.

Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (9th Cir. July 11, 2005) (Washington conviction of communication with a minor for immoral purposes, in violation of Washington Revised Code 9.68A.090, was an aggravated felony that met the definition of "sexual abuse of a minor" under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), and therefore disqualified the noncitizen from eligibility for cancellation of removal).

United States v. Izaguirre-Flores, 405 F.3d 270 (5th Cir. March 31, 2005) (North Carolina conviction for taking indecent liberties with a child, in violation of North Carolina General Statute 14-202.1(a)(1) - "being 16 years of age or more and at least five years older than the child in question, he ... willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire ....

United States v. Izaguirre-Flores, __ F.3d __, 2005 WL 730070 (5th Cir. March 31, 2005) (taking indecent liberties with a child, in violation of North Carolina General Statutes Annotated 14-202.1(a)(1), is a crime of violence, as sexual abuse of a minor, for sentencing purposes under U.S.S.G. 2L1.2, following illegal reentry; this holding based on common meaning, rather than categorical analysis).

Patel v. Ashcroft, ___ F.3d ___, 2005 WL 525234 (6th Cir. March 8, 2005) (Illinois conviction of criminal sexual abuse, in violation of 720 Ill. Comp. Stat. 5/12-15 (1993), constituted a crime of violence under 18 U.S.C. 16(b), and was therefore an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), precluding the court of appeals from petition for review jurisdiction under 8 U.S.C.

United States v. Padilla-Reyes, 247 F.3d 1158, 1163 (defining sexual abuse of a minor under INA 101(a)(43)(A) as a "perpetrators physical or nonphysical misuse or maltreatment of a minor for a purpose associated with sexual gratification.").

Taylor v. United States, __ F.3d __ (11th Cir. Jan. 18, 2005) (soliciting sexual activity with a child, in violation of Florida Statue 794.011(8)(a), punishing soliciting a minor to engage in any act which would constitute sexual battery, is an aggravated felony for immigration purposes).