United States Ninth Circuit

Denial of defendant's motion to dismiss an indictment alleging that defendant was found in the US subsequent to an order of removal in violation of 8 U.S.C. section 1326, is reversed where defendant was not removable based on an aggravated felony because a conviction for third-degree child molestation under Wash. Rev. Code section 9 A44.089 (2001) does not categorically meet the generic definition of sexual abuse of a minor due to missing elements in the statute.

Appellate Information

• Decided 05/28/2015
• Published 05/28/2015

Judges

• Rawlinson

Court

• United States Ninth Circuit

Counsel