Francia

MEMORANDUM **

1. Francia pled guilty to intentional sexual contact with a minor in violation of Or.Rev.Stat. § 163.415 by touching the minor’s genitals and breast. This conviction fits within the BIA’s definition of “sexual abuse of a minor,” see Matter of Rodriguez-Rodriguez, 22 I. & N. Dec. 991, 995 (BIA 1999) (citing 18 U.S.C. § 3509 (a)(8)), and the BIA’s definition is a permissible construction of the statute. See Afridi v. Gonzales, 442 F.3d 1212, 1216 (9th Cir.2006). Because his conviction counts as an aggravated felony, Francia is “deportable.” 8 U.S.C. § 1227 (a)(2)(A)(iii).

2. However, Francia is eligible for adjustment of status under 8 U.S.C. § 1255 (a), unless his conviction is a crime of “moral turpitude.” 8 U.S.C. § 1182 (a)(2)(A)(i)(I). Under the categorical approach of Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), some of the conduct proscribed by Or.Rev.Stat. § 163.415 doesn’t constitute a crime of moral turpitude because the Oregon statute criminalizes sexual touching of a minor, even if the minor is 17 years old, consents and isn’t injured. See State v. Landino, 38 Or.App. 447, 450 , 590 P.2d 737 (Ct.App.1979). Crimes…