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.” Determination of the two offenses can be a case by case basis. The Ninth Circuit stated in Castillo-Rivera that a conviction under Penal Code 12021(a) may not constitute an aggravated felony because it covers those addicted to the use of any narcotic drug[,] 244 F.3d at 1022-23 (emphasis added). Both Penal Code 12021(a)(1) and 18 U.S.C. 922(g) make it a crime for persons addicted to certain substances to possess a firearm, but the California prohibition is broader than the federal statute in two regards.

— What it is, why it matters, and common examples

The immigration statute defines “aggravated felony” in INA §101(a)(43) (8 U.S.C. §1101(a)(43)). The list is long and intentionally broad — it includes specific crimes and many offense categories such as drug trafficking, theft, fraud, crimes of violence, document fraud, money laundering, and sexual offenses.

Key points you must know

Statutory list: whether a conviction is an aggravated felony depends on the statute of conviction and caselaw interpretation.
Not limited to felonies: misdemeanors or non-“aggravated” factual scenarios can still qualify under immigration law if the statute and sentence meet INA criteria.
Sentencing thresholds: many INA categories require minimum terms of imprisonment (for example, theft/burglary with a sentence of at least one year).

Immigration consequences

Aggravated-felony convictions carry harsh consequences: ineligibility for many forms of relief, deportability, and severe bars to reentry.
They can also permanently affect naturalization and moral-character findings.

How we evaluate convictions

Perform the categorical / modified-categorical comparison between the conviction statute and INA §101(a)(43).
Verify the exact sentence imposed and whether sentencing rules trigger INA thresholds.
Research BIA and circuit decisions applying the aggravated-felony categories to the conviction at issue.

Common examples

Murder; rape; drug-trafficking offenses; certain firearms/explosives offenses; money laundering over $10,000; theft/burglary with prescribed sentence lengths; fraud with loss exceeding $10,000; alien-smuggling and document fraud in many contexts; attempts or conspiracies to commit such offenses.

Client cautions & next steps

Obtain certified dispositions, plea agreements, and sentencing minutes for analysis.
Consult immigration counsel before pleading guilty — plea choices often determine immigration fate.
Where possible, explore post-conviction relief or vacatur to remove aggravated-felony consequences.

We perform conviction analyses, map precedent, advise on plea strategy, and pursue remedies (post-conviction, immigration motions) when appropriate.