November 2, 2007 Ninth Circuit Decision
On Friday, Nov. 2, the Ninth Circuit issued one published decision.
In Rebilas v. Keisler, the Ninth Circuit held that Arizona’s offense of public sexual indecency to a minor includes conduct that falls outside the federal definition of attempted sexual abuse to a minor. The Court noted that the offense could be committed even though the minor was oblivious to the offender’s conduct. As the details available of Rebilas’s conviction did not show that he had committed attempted sexual abuse of a minor, the conviction was not for an aggravated felony for purposes of removal.
