Arriaga

MEMORANDUM ***

Petitioner Jesus Arriaga (“Arriaga”) is a native and citizen of Mexico who adjusted to lawful permanent resident status in 1989. In 1998, he was convicted of one count of sexual battery under Cal.Penal Code § 243.4(a). The Information charged that the victim of the crime was a 13-year-old female.

Arriaga was subsequently charged with removability pursuant to 8 U.S.C. § 1227 (a)(2)(E)(i), INA § 237(a)(2)(E)(i), for having been convicted of “a crime of child abuse,” and pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii), for having been convicted of an aggravated felony as defined at 8 U.S.C. § 1101 (a)(43)(A) (“sexual abuse of a minor”). Arriaga moved to terminate proceedings and applied for cancellation of removal. The Immigration Judge (“IJ”) denied him relief, and Arriaga was ordered removed to Mexico. The Board of Immigration Appeals affirmed without opinion, and Arriaga timely petitioned for review in this court.

To determine whether Arriaga’s conviction for “sexual battery” constitutes a conviction for “sexual abuse of a minor,” we apply the well-established categorical approach, first set forth in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109…