United States Ninth Circuit

Cal. Penal Code section 261.5(d), which criminalizes engaging in intercourse with a minor who is under 16 years of age when the perpetrator is 21 years of age or older, is not categorically a crime involving moral turpitude within the meaning of 8 U.S.C. section 1182(a)(2)(A)(i)(I) for purposes of making an alien removable.

Appellate Information

• Argued 11/16/2006
• Decided 10/09/2007
• Published 10/09/2007

Judges

• Before:  ANDREW J. KLEINFELD and SIDNEY R. THOMAS, Circuit Judges, and RONALD B. LEIGHTON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Zachary Nightingale, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, argued the cause for the petitioner;  Marc Van Der Hout, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, was on the brief.


• For Appellees:
  
• Ernesto H. Molina, Jr., Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., argued the cause for the respondent;  Peter D. Keisler, Assistant Attorney General, and David V. Bernal, Assistant Director, Civil Division, United States Department of Justice, Washington, D.C., were on the brief.