United States Ninth Circuit

A Mexican citizen's petition for review of a BIA's decision that he is not eligible for waiver of inadmissability because he was convicted of an aggravated felony is granted where: 1) the crime of sexual battery under California law is categorically broader than the federal generic crime of "sexual abuse of a minor" because the California crime may be committed against a victim of any age, while the federal generic offense requires proof that the victim was a minor; and 2) none of the evidence permitted to be considered under the modified categorical approach establishes that petitioner's victim was a minor.

Appellate Information

• Decided 09/04/2012
• Published 09/04/2012

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel