definition 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.” 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.
