United States v. Jose Alfredo Pallares-Galan

OPINION

REINHARDT, Circuit Judge:

Pallares-Galan appeals from a judgment of conviction following a conditional plea of g-uilty to one count of unlawful reentry of a deported alien, a violation of 8 U.S.C. § 1326. We are required to decide whether a California Annoying or Molesting -a Child Under 18 misdemeanor conviction, Cal. Pen.Code § 647.6(a), constitutes an aggravated felony conviction, specifically, “sexual abuse of a minor,” 8 U.S.C. § 1101(a)(43)(A), for purposes of deportation law, see 8 U.S.C: § 1227(a)(2)(A)(iii). We hold that it does not, and consequently, that Pallares was eligible…