RIVERA-CUARTAS v. HOLDER

No. 07-74999.

605 F.3d 699 (2010)

Jose Ignacio RIVERA-CUARTAS, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2010.


Attorney(s) appearing for the Case

Erika Anne Kreider, Tucson, AZ, for the petitioner.

Nancy E. Friedman, United States Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for the respondent.

Before: PAMELA ANN RYMER and M. MARGARET McKEOWN, Circuit Judges, and PATRICIA C. FAWSETT, Senior District Judge.


McKEOWN, Circuit Judge:

We consider here whether Arizona Revised Statutes § 13-1405, which criminalizes sexual conduct with a minor under eighteen years of age, constitutes an aggravated felony for the purposes of immigration law. Because § 13-1405 does not meet the federal generic offense of "sexual abuse of a minor," we hold that it is not an aggravated felony and grant the petition for review.

Jose Ignacio Rivera-Cuartas, a longtime lawful permanent...

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