Elmakhzoumi v. Sessions, No. 16-16232 (9th Cir. 2018)
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The Ninth Circuit affirmed the district court's dismissal of a petition challenging the denial of petitioner's naturalization application. The panel held that petitioner's conviction for sodomy where the victim was unable to consent, in violation of California Penal Code 286(i), was an aggravated felony. The panel held that a conviction under CPC 286(i), was an aggravated felony as a rape offense under 8 U.S.C.1101(a)(43)(A). The conduct prohibited by CPC 286(i) fell entirely within the generic definition of "rape" as articulated in Castro-Baez v. Reno, 217 F.3d
1057 (9th Cir. 2000). Therefore, petitioner failed to meet the good moral character requirement for naturalization.
Court Description: Immigration The panel affirmed the district court’s dismissal for failure to state a claim of Adil Elmakhzoumi’s petition challenging the denial of his naturalization application, holding that Elmakhzoumi’s conviction for sodomy where the victim was unable to consent, in violation of California Penal Code § 286(i), is an aggravated felony. The panel held that CPC § 286(i) is an aggravated felony rape offense under 8 U.S.C. § 1101(a)(43)(A) because the conduct prohibited by CPC § 286(i) falls entirely within the generic definition of “rape” as articulated in Castro-Baez v. Reno, 217 F.3d 1057 (9th Cir. 2000). Accordingly, the panel concluded that Elmakhzoumi has been convicted of an aggravated felony and cannot meet the good moral character requirement for naturalization.
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