PC 288(a)

PC 288(a)

Offense

Lewd act with minor under 14

Aggravated Felony (AF)

Held AF as sexual abuse of a minor, regardless of sentence, although imm advocates at least can argue Ninth Cir should rehear en banc1Since publishing U.S. v. Baron-Medina, 187 F.3d 1144 (9th Cir. Cal. 1999), the Ninth Circuit repeatedly has held that Pen C § 288(a) is categorically SAM, despite the non-explicit, minor conduct that can form the basis for conviction. In an unpublished opinion, District Court Judge Orrick wrote that he would hold § 288(a) is not SAM, except that he must follow precedent to the contrary. If a client wishes to take the case to the Ninth Circuit en banc, advocates could consider his arguments. See U.S. v. Hernandez-Lincona, Filed Case No. 3:18-cr-00268-WHO-1 (D.C. No.Cal April 22, 2019).

Crime Involving Moral Turpitude (CIMT)

Assume CIMT.

Other Removal Grounds

Deportable for crime of child abuse. To avoid, plead to age-neutral offense; see Advice.

Advice and Comments

Bad plea. See age-neutral offenses like PC 32, 136.1(b), 236/237, 243, 243.4, 245, 314, 647. Or see 273a(b), 647.6. See § N.10 Sex Offenses.

Might not be particularly serious crime for a form of relief called withholding of removal, if D can demonstrate honest belief V was older2Blandino-Medina v. Holder, 712 F.3d 1338 (9th Cir. 2013) (§ 288(a) is not PSC where there is an honest belief that the victim was older). (but still a bar to asylum, as an aggravated felony).

Assume bar to DACA; see note at PC 25400.

Adam Walsh Act. This conviction can block a USC or LPR’s ability to immigrate family members in the future. See § N.13 Convictions that Bar the Defendant from Petitioning for Family Members: the Adam Walsh Act.

2020-05-19T18:17:37+00:00Updated January 29th, 2020|