Court says it's unjust but deports man who lived with underage girl

San Francisco Chronicle ^ | 8/17/7 | Bob Egelko

[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...

[SmithL]

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

[Seruzawa]

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.

[org.whodat]

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.

[UCFRoadWarrior]

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

[Roamin53]

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

[Dante3]

Good riddance.

[gridlock]

Not only yeah, but HELL YEAH!

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

Hasta luego, Amigo!

[Always Right]

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

[txdoda]

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.

[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.

[NRA1995]

Hasta la vista, baby

[weegee]

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.

[weegee]

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

[MrB]

find an emanation from a penumbra = HALLUCINATION

[cinives]

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

[muawiyah]

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.

[stuartcr]

I agree. Why break up the family?

[B4Ranch]

No can do.

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