United States v. Lopez-Solis,
__ F.3d __, 2006 WL 1360075 (9th Cir.

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.

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.

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. § 16 for deportation purposes, since
it does not have force as an element, under 18 U.S.C.

United States v. Sarmiento-Funes,
374 F.3d 336 (5th Cir. June 21, 2004) (Missouri conviction
of sexual assault, in violation of Mo. Ann. Stat. § 566.040(1)
committed if "he has sexual intercourse with another
person knowing that he does so without that persons consent,"
did not qualify as a crime of violence under U.S.S.G. § 2L1.2
cmt. n.1(B)(ii), for purposes of 16-level enhancement of sentence
for illegal re-entry).

United
States v. Arnold, 58 F.3d 1117, 1122 n. 4 (6th Cir. July 13,
1995) (Tennessee conviction for assault with intent to commit
sexual battery is not categorically a "crime of violence"
for purposes of 18 U.S.C. § 922(g)(1) (felon with a firearm)
because the minimum conduct of the offense can be committed
through force or coercion).

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)).

United States v. Rutherford,
175 F.3d 899 (11th Cir. May 13, 1999) (Florida conviction
for lewd assault of minor, in violation of Florida Statutes
§ 800.04, was a crime of violence for purposes of sentencing
defendant as a career offender under U.S.S.G. § 4B1.1).

Matter of Small, 23 I.
& N. Dec. 448 (BIA June 4, 2002) (en banc) (New York misdemeanor
conviction of sexual abuse of a minor, in violation of N.Y.
Penal Law § 130.60(2), with a sentence of one year in custody,
constitutes a crime of violence aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

Matter of Small, 23 I. & N. Dec. 448
(BIA June 4, 2002) (en banc) (New York misdemeanor conviction
sexual abuse in the second degree, in violation of New York
Penal Law § 130.60(2), constitutes "sexual abuse of a
minor" and is therefore an aggravated felony under INA
§ 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A)).