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PELAYO-GARCIA v. HOLDER

No. 05-70929.

589 F.3d 1010 (2009)

Luis Antonio PELAYO-GARCIA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted December 3, 2009.

Filed December 14, 2009.

Attorney(s) appearing for the Case

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

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.

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

IKUTA, Circuit Judge:

This case presents the question whether the offense of "unlawful sexual intercourse with a minor" under section 261.5(d) of the California Penal Code meets the definition of "aggravated felony" in 8 U.S.C. § 1101(a)(43)(A), which includes "sexual abuse of a minor." We conclude it does not.

I

Luis Antonio Pelayo-Garcia, a native and citizen of Mexico, petitions for review of a decision by the Board of Immigration Appeals...

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