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9 Cir: Overly Broad California Child Pornography Statute Isn’t Aggravated Felony

By: Sarah Flinn­ The U.S. Court of Appeals for the Ninth Circuit, using the categorical approach, recently determined that the California statute regarding the possession of child pornography, California Penal Code § 311.11(a), is broader than the federal statute and therefore is not considered to be an aggravated felony for purposes of INA § 237(a)(2)(A)(iii) and § 101(a)(43)(I). Chavez-Solis v. Lynch, No. 11–73958, 2015 WL 5806148, at *1, *2 (9th Cir. Oct. 6, 2015). Oscar Chavez-Solis, a native and citizen of Mexico, has been a lawful permanent resident of the United States since 1999. [...]

Posted by César on October 29, 2015 on 4:00 am Leave a Comment
Filed Under: 9th Circuit Court of Appeals, aggravated felony, categorical approach, child pornography, guest blogger

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