Oscar Chavez Solis v. Loretta E. Lynch

We are asked to decide whether a conviction for possessing child pornography in violation of California Penal Code § 311.11(a) is an aggravated felony under 8 U.S.C. § 1101 (a)(43)(I). . We conclude that § 311.11(a) sweeps in a broader range of pornographic depictions than the federal child pornography statute and thus is not an aggravated felony. Accordingly, we grant the petition for review.

I

Oscar Chavez-Solis is a native and citizen of Mexico who was admitted to the United States as a lawful permanent resident in 1999. In 2011, he pleaded nolo contendere to possessing or controlling child pornography in violation of California Penal Code § 311.11(a). He was sentenced to 150 days’ imprisonment.

Two months later, the Department of Homeland Security (DHS) took Chavez-Solis into custody and placed him in removal proceedings. The Notice to Appear charged Chavez-Solis with removability under 8 U.S.C. § 1227 (a)(2)(A)(iii) as an alien “convicted of an aggravated felony as defined in [ 8 U.S.C. § 1101 (a)(43)(I) ].” Section 1101(a)(43)(I) defines the term “aggravated felony” to include “an offense described in [18 U.S.C. §§ ] 2251, 2251A, or 2252 ... (relating to child…