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ESTRADA-ESPINOZA v. GONZALES

No. 05-75850.

498 F.3d 933 (2007)

Juan Elias ESTRADA-ESPINOZA, Plaintiff-Appellee, v. Alberto R. GONZALES, Attorney General, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2007.

Attorney(s) appearing for the Case

Saad Ahmad, Saad Ahmad & Associates, Fremont, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, David V. Bernal, Assistant Director, and Ernesto H. Molina, Jr. (argued), Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

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

PER CURIAM Opinion; Concurrence by Judge THOMAS

PER CURIAM:

In this appeal, we consider whether a violation of California Penal Code § 261.5(c), one of California's statutory rape provisions, constitutes "sexual abuse of a minor" within the meaning of 8 U.S.C. § 1101(a)(43)(A). Applying Afridi v. Gonzales, 442 F.3d 1212 (9th Cir.2006), we conclude that it does, and...

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