United States Ninth Circuit

In an immigration case challenging removal based on statutory rape convictions, petition for review is granted where: 1) federally defined "sexual abuse of a minor" within the meaning of 8 U.S.C. section 1101(a)(43) requires a knowing sexual act with someone between 12 and 16 years old and at least 4 years younger than the perpetrator; 2) the California statutes under which petitioner was convicted set the age of consent at 18 and minimum age difference at 3 years; 3) there were no allegations of abuse or violence; and 4) petitioner and the victim cohabitated with permission of both sets of parents and raised a child together.

Appellate Information

• Argued 06/25/2008
• Decided 10/20/2008
• Published 10/20/2008

Judges

• THOMAS, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, ANDREW J. KLEINFELD, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Saad Ahmad, Saad Ahmad & Associates;  Fremont, CA, for the petitioner., Vikram K. Badrinath, Esquire, Vikram Badrinath, PC, Tucson, AZ, amicus curiae for the American Immigration Lawyers Association., Zachary Miller Nightingale and Avantika Shastri, Attorneys, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, amicus curiae for the Immigration Legal Resource Center.


• For Appellees:
  
• Gregory G. Katsas, Acting Assistant Attorney General;  Thomas H. Dupree, Jr., Deputy Assistant Attorney General;  Donald E. Keener, Deputy Director;  Bryan S. Beier, Senior Litigation Counsel;  Jennifer Levings, Trial Attorney;  Washington, D.C., for the respondent.