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Court says it's unjust but deports man who lived with underage girl
San Francisco Chronicle ^ | 8/17/7 | Bob Egelko

Posted on 08/17/2007 8:09:21 AM PDT by SmithL

A legal immigrant in Northern California who was 20 when he began a sexual relationship with a 16-year-old girl faces deportation to Mexico under a ruling Thursday that was described as unjust by a majority of the federal appeals court panel that issued it.

Although Juan Estrada-Espinoza's relationship with his girlfriend was consensual, the crime he committed under state law - unlawful sexual intercourse with a minor at least three years younger than he was - is considered sexual abuse of a minor under federal law and is grounds for mandatory deportation, said the Ninth U.S. Circuit Court of Appeals in San Francisco.

In a separate opinion, two members of the three-judge panel said the court was required to follow its ruling in another case last year that defined the crime as abusive in all circumstances, but should convene a larger panel to reconsider the issue. Each case should be judged on its facts, and there is no suggestion of abuse in this case, said Judge Sidney Thomas, joined in the opinion by Ronald Leighton, a visiting federal judge from Tacoma, Wash.

They said California is among a minority of states that make it a crime for an adult to have voluntary sexual relations with a 16-year-old.

Estrada's lawyer, Saad Ahmad, said he would ask the full court to order a new hearing before a larger panel and was confident the ruling would be overturned.

"This is a responsible man who never committed any crime in his life" other than this one, Ahmad said. "Our argument will be, look at the underlying facts (to determine whether there was abuse). Look at their ages, look at any evidence of coercion, look at their mental competence."

He said Estrada, 26, who lived in Jackson (Amador County) with his girlfriend and their son...

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Foreign Affairs; US: California
KEYWORDS: 9thcircus; activistcourt; ageofconsentlaws; immigration; judicialactivism; sexlaws; sexoffender

1 posted on 08/17/2007 8:09:25 AM PDT by SmithL
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Thomas, Sidney Runyan
Born 1953 in Bozeman, MT

Federal Judicial Service:
Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by William J. Clinton on July 19, 1995, to a seat vacated by Dorothy Wright Nelson; Confirmed by the Senate on January 2, 1996, and received commission on January 4, 1996.

Education:
Montana State University, B.A., 1975

University of Montana School of Law, J.D., 1978

Professional Career:
Legal intern, Hon. W.W. Lessley, Montana State District Court, 18th Judicial District
Private practice, Billings, Montana, 1978-1995
Adjunct instructor of law, Rocky Mountain College, Billings, Montana, 1982-1995

Race or Ethnicity: White

Gender: Male


Leighton, Ronald B.

Born 1951 in Stockton, CA

Federal Judicial Service:
Judge, U. S. District Court, Western District of Washington
Nominated by George W. Bush on January 23, 2002, to a seat vacated by Robert J. Bryan; Confirmed by the Senate on November 14, 2002, and received commission on November 26, 2002.

Education:
Whitworth College, B.A., 1973

University of California, Hastings College of Law, J.D., 1976

Professional Career:
Private practice, Tacoma, Washington, 1976-2002

Race or Ethnicity: White

Gender: Male

2 posted on 08/17/2007 8:10:19 AM PDT by SmithL (si vis pacem, para bellum)
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To: SmithL

By all means. Meet with the full court so they can find an emanation from a penumbra or simply write new law like they usually do.


3 posted on 08/17/2007 8:12:30 AM PDT by Seruzawa (Attila the Hun... wasn't he a liberal?)
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To: SmithL

Now that we have the spin of the bay paper, does anyone have the real facts of the case. My opinion is load him up and ship him out, the kid and mother can go with him.


4 posted on 08/17/2007 8:13:08 AM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: SmithL

Why do I think that, if this was an illegal alien, he would be allowed to stay?


5 posted on 08/17/2007 8:14:32 AM PDT by UCFRoadWarrior (FantasyCollegeBlitz.com)
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To: org.whodat

Anytime the ninth circuit follows the law I am surprised!!!


6 posted on 08/17/2007 8:17:31 AM PDT by Roamin53 (World War III started on Bill Clinton's watch....he just wasn't sure which side he was on!)
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To: SmithL

Good riddance.


7 posted on 08/17/2007 8:20:50 AM PDT by Dante3
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To: SmithL

Not only yeah, but HELL YEAH!

He’s 20. She’s 15 (though his lawyer says she was 16).

Hasta luego, Amigo!


8 posted on 08/17/2007 8:21:38 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
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To: SmithL

Hmm, why can’t the court simply re-write the law like they usually do?


9 posted on 08/17/2007 8:25:56 AM PDT by Always Right
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To: SmithL
interesting.....too bad this guy was a *legal resident (& so easily deport-able), as our gov’t usually *overlooks* many crimes of the illegals.

Why weren’t the girls parents charged for allowing a 15/16 year old girl to move in with her boyfriend ?? Also wondering how many welfare checks/gov’t freebies are involved in the saga.

10 posted on 08/17/2007 8:26:52 AM PDT by txdoda (Voters to Gov't .......Re: post 9-11 Border Security....... ""The results are Unacceptable."")
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To: org.whodat
Although Juan Estrada-Espinoza's relationship with his girlfriend was consensual

From court decision: "charging him with being removable as an alien convicted of an aggravated felony. DHS based this charge on state statutory rape convictions stemming from Estrada-Espinoza’s relationship with his younger girlfriend. In June 2001, Estrada-Espinoza met Sonia Arredondo. At the time of their meeting, Estrada-Espinoza was 20 years old and Arredondo was either 15 or 16 years old."

So it would appear that she also was an illegal and the conviction would never have taken place if someone did not file a complaint, so there goes the old consensual.

11 posted on 08/17/2007 8:28:11 AM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: SmithL

Hasta la vista, baby


12 posted on 08/17/2007 8:34:53 AM PDT by NRA1995 (To Congress and Mr. President: This is OUR country, and don't you forget it!)
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Comment #13 Removed by Moderator

To: SmithL

So now “Romeo & Juliet” exceptions to the age of consent law are being broadened to extend to a 4 year difference (when the girl is 2 years under majority and the male 2 years over?)???

Slippery slope.

It was NOT a consenting relationship. She was unable under the law to GIVE consent.


14 posted on 08/17/2007 8:37:09 AM PDT by weegee (NO THIRD TERM. America does not need another unconstitutional Clinton co-presidency.)
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To: gridlock

Maybe he should’ve stolen the identity of someone who was 17. There’s little to no prosecution for identity theft.


15 posted on 08/17/2007 8:38:10 AM PDT by weegee (NO THIRD TERM. America does not need another unconstitutional Clinton co-presidency.)
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To: Seruzawa
find an emanation from a penumbra = HALLUCINATION
16 posted on 08/17/2007 8:43:01 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: SmithL

So now they’re 26 and 22 and still not married ?


17 posted on 08/17/2007 8:46:14 AM PDT by cinives (On some planets what I do is considered normal.)
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To: Always Right
There certainly was an undercurrent of desire to do that on the part of the majority.

Now whether that came from their own ambitions (or experience) regarding 15 year old girls, or their legal training, we may never know.

Still, it's remarkably cold of the judges to personally dismiss the welfare of the teenage girl so easily. She must have been of Mexican origin herself for that to have happened.

18 posted on 08/17/2007 9:02:39 AM PDT by muawiyah
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To: Shuck04

I agree. Why break up the family?


19 posted on 08/17/2007 9:20:07 AM PDT by stuartcr (Everything happens as God wants it to.....otherwise, things would be different.)
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To: org.whodat

No can do.

>Estrada, 26, who lived in Jackson (Amador County) with his girlfriend and their son...<-THE ANCHOR BABY.


20 posted on 08/17/2007 9:57:13 AM PDT by B4Ranch ( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share.")
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To: muawiyah
She must have been of Mexican origin herself for that to have happened.,

His family were illegals and her family were illegals. The give a way for her is the age, 15 or 16! How many kids born in the united states don't have a birth certificate with their true age on it.

21 posted on 08/17/2007 10:06:21 AM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: SmithL
The Nine Circus DOESN'T get! Aliens who COMMIT crimes are exactly the kind of people we don't want to see admitted to the United States. Even legal immigrants are removable if they have committed felonies. You do have choice of being a law abiding resident or being a felon. And just being here illegally is all by itself, a deportable offense.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

22 posted on 08/17/2007 10:30:36 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop

BUMP!


23 posted on 08/17/2007 1:39:06 PM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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