Book updates to AF (Aggravated Felonies)

SEXUAL ABUSE OF A MINOR - CONVICTION DID NOT CATEGORICALLY CONSTITUTE SEXUAL ABUSE OF A MINOR BECAUSE THE ELEMENTS DID NOT REQUIRE PSYCHOLOGICAL OR PHYSICAL ABUSE

United States v. Baza-Martinez, ___ F.3d
___, 2006 WL 2729691 (9th Cir. Sept. 26, 2006) (North Carolina
conviction of taking indecent liberties with a child, in violation
of N.C.G.S.

jurisdiction: 
Ninth Circuit

LEWD ACT WITH CHILD - CRIME OF VIOLENCE

United States v. Teeples,
432 F.3d 1110 (9th Cir. Jan. 5, 2006) (California conviction
for violation of California Penal Code § 288(a), lewd act
with child, was a crime of violence for purposes of career
offender sentencing).

jurisdiction: 
Ninth Circuit

COMMUNICATION WITH MINOR FOR IMMORAL PURPOSES - SEXUAL ABUSE OF A MINOR

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.

jurisdiction: 
Ninth Circuit

ABUSIVE SEXUAL CONTACT - CRIME OF VIOLENCE

United States v. Granbois,
376 F.3d 993 (9th Cir. July 22, 2004) (federal conviction
under 18 U.S.C. § 2244(a)(3), sexual contact with a child,
is a "crime of violence" for purposes of the Career
Offender Guideline, U.S.S.G. § 4B1.1); see United States v.
Pereira-Salmeron, 337 F.3d 1148 (9th Cir. Aug.

jurisdiction: 
Ninth Circuit

ANNOY MOLEST - SEXUAL ABUSE OF A MINOR

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).

jurisdiction: 
Ninth Circuit

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).

jurisdiction: 
Ninth Circuit

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).

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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).

jurisdiction: 
Lower Courts of Ninth Circuit

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