California penal code regarding “unlawful sexual intercourse with a minor” compares the similar charges of “aggravated felony”.

Clarification of CA9 held that the offense of “unlawful sexual intercourse with a minor” under California Penal Code does not meet the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43)(A), which includes “sexual abuse of a minor.” The determination of the two offenses can be determined by a case by case basis.