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...

[org.whodat]

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.

[goldstategop]

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

[Publius6961]

BUMP!