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.

Valencia v. Gonzales, 406 F.3d 1154
(9th Cir. May 12, 2005) (California conviction of unlawful
sexual intercourse with a person under 18 (here 17), in violation
of Penal Code § 261.5(c), with a five-year suspended sentence,
constituted a crime of violence aggravated felony under 18
U.S.C. § 16(b), within the meaning of INA 101(a)(43)(F),
8 U.S.C.

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.

United States v. Lopez-Montanez,
421 F.3d 926 (9th Cir. Aug. 26, 2005) (California conviction
of sexual battery under California Penal Code § 243.4, is
not a categorical crime of violence under the federal Sentencing
Guidelines, as the offense is not necessarily a "forcible"
sex offense under U.S.S.G. § 2L1.2, cmt. n. 1(B)(ii)); but
see Lisbey v. Gonzales, 420 F.3d 930 (9th Cir. Aug.

Lisbey v. Gonzales, 420 F.3d
930 (9th Cir. Aug. 22, 2005) (California conviction of sexual
battery under California Penal Code § 243.4 constitutes an
aggravated felony for removal purposes, as the offense involves
a substantial risk of physical force under 18 U.S.C. § 16(b));
but see United States v. Lopez-Montanez, 421 F.3d 926 (9th
Cir. Aug.

Ramsey v. INS, 55 F.3d 580
(11th Cir. June 21, 1995) (per curiam) (Florida conviction
of attempted lewd assault, in violation of F.S.A. § 777.04(1),
800.04(1), was crime of violence under 18 U.S.C. § 16, and
therefore aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
§ 1101(a)(43)(F), for purposes of deportation).

Silva v. Gonzales, 455 F.3d 26 (1st Cir. Jul. 14, 2006)
(Massachusetts conviction of statutory rape of 14-year-old
girl, under Mass. Gen. Laws ch.

Chery v. Ashcroft, 347 F.3d 404 (2d
Cir. Oct. 17 2003) (Connecticut conviction under Conn.G.S
§ 53a-71 for consensual sexual intercourse with a person under
age 18 (statutory rape) is a crime of violence and aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C.

Mugalli v. Ashcroft, 258 F.3d
52 (2d Cir. July 10, 2001) (New York conviction for "statutory
rape," in violation of New York Penal Law § 130.25-2,
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).

United States v. Alvarado-Hernandez, ___
F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas
conviction for consensual sexual intercourse with a 14-year-old
victim in violation of Penal Code § 22.011(a)(2), met
the common-sense definition of crime of violence, for purposes
of imposing a sixteen-level upward adjustment for an illegal-reentry
conviction under U.S.S.G.