Offense
Sodomy without consent due to disability, intoxication etc.
Aggravated Felony (AF)
AF as rape for 286(i) and likely (g), (h), regardless of sentence
Crime Involving Moral Turpitude (CIMT)
CIMT
Other Removal Grounds
To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).
Advice and Comments
Ninth Cir held that like other types of intercourse, sodomy without consent because V is intoxicated, PC 286(i), is rape.1Elmakhzoumi v Sessions, 883 F3d 1170 (9th Cir. 2018). See also Matter of Keeley, 27 I&N Dec. 146 (BIA 2017) (nonconsensual vaginal, anal, or oral penetration, including by digital or mechanical means, is rape). Likely to also apply to lack of consent due to disability, awareness, per (f), (g).
SB54: Law enforcement is permitted to notify/transfer to ICE indefinitely. See SB 54 advisory at www.ilrc.org/crimes-summaries.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.