United States Ninth Circuit

In a petition for review of the BIA's order removing petitioner from the U.S., the petition is granted where petitioner's prior offense of "unlawful sexual intercourse with a minor" under section 261.5(d) of the California Penal Code did not meet the definition of "aggravated felony" in 8 U.S.C. section 1101(a)(43)(A).

Appellate Information

• Argued 11/19/2008
• Decided 12/14/2009
• Published 12/14/2009

Judges

• IKUTA, Circuit Judge:, Before:  JOHN T. NOONAN, ANDREW J. KLEINFELD and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lilia G. Alcaraz, the Martinez-Senftner Law Firm PC and Gloria P. Martinez-Senftner (argued), the Martinez-Senftner Law Firm PC, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, United States Department of Justice;  Michelle Gordon Latour, United States Department of Justice;  Jennifer J. Keeney, United States Department of Justice;  and Erica Miles (argued), United States Department of Justice, for the respondent.