PC 286(g), (h), (i)

PC 286(g), (h), (i)

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).

2020-05-19T18:17:08+00:00Updated January 29th, 2020|