Rahimi

MEMORANDUM ***

Petitioner Obaidullah Rahimi is a thirty-two year old native and citizen of Afghanistan. He entered the United States as a refugee in 1987, at the age of thirteen. He and his family suffered persecution in Afghanistan because of his father’s opposition to the Russian occupation.

In 1997 Rahimi was convicted in California state court for unlawful sexual intercourse with a minor, in violation of California Penal Code section 261.5. He was sentenced to twelve months in jail followed by five years probation. On December 23, 2003, the INS commenced removal proceedings against Rahimi. Rahimi was charged as removable under INA § 237(a)(2)(A)(iii), for committing the aggravated felony of sexual abuse of a minor and INA § 237(a)(2)(E)(i), for conviction of an offense of child abuse. An immigration judge (“IJ”) found Rahimi removable and ordered him removed to Iran, or Afghanistan in the alternative. Rahimi applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

The IJ found Rahimi ineligible for asylum because of Rahimi’s conviction for an aggravated felony. However, the IJ granted Rahimi’s request for withholding of…