United States v. Rafael Baron-Medina

SHUBB, District Judge:

In this appeal we must determine whether a conviction under California Penal Code Section 288(a) constitutes an “aggravated felony” within the meaning of 8 U.S.C. § 1101(a)(43). We conclude that it does, because we find that a conviction under Section 288(a) constitutes a conviction for “sexual abuse of a minor” within the meaning of 8 U.S.C. § 1101(a)(43)(A).

I

Appellant Rafael Baron-Medina is a native of Mexico who had immigrated illegally to the United States. The government deported him to Mexico in 1993. In December of 1997, he was again found to be present,…