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Keywords

statutefelonycitizenshipnaturalization

statutefelonynaturalization

Related Cases

Elmakhzoumi v. Sessions

Facts

Adil Elmakhzoumi, a native of Morocco and a permanent resident of the U.S. since 1992, was convicted in 2005 of sodomy under California Penal Code 286(i), where the victim was unable to consent. In 2012, the Department of Homeland Security initiated removal proceedings against him, but those were terminated. In 2014, Elmakhzoumi applied for U.S. citizenship, but his application was denied on the grounds that his conviction constituted an aggravated felony, making him ineligible for naturalization due to the good moral character requirement.

Elmakhzoumi is a native and citizen of Morocco and has been a permanent resident of the United States since 1992. On June 3, 2005, the California Superior Court convicted Elmakhzoumi of sodomy where the victim cannot consent, in violation of CPC 286(i). On July 25, 2012, the United States Department of Homeland Security commenced removal proceedings against Elmakhzoumi, alleging that he was removable because his sodomy conviction was a 'crime of violence' under 8 U.S.C. 1101(a)(43)(F).

Issue

The main legal issue was whether Elmakhzoumi's conviction for sodomy under California law constituted an aggravated felony under the Immigration and Nationality Act, thereby affecting his eligibility for naturalization.

Rule

The court applied the definition of 'rape' as articulated in Castro-Baez, which includes non-consensual acts of sexual intercourse, to determine if Elmakhzoumi's conviction fell within the generic definition of 'rape' under the INA.

To determine whether a violation of CPC 286(i) falls within the INA's definition of 'rape,' courts 'must define the term rape by employing the ordinary, contemporary, and common meaning' of that word and then determine whether or not the conduct prohibited by [the statute] falls within that common, everyday definition.

Analysis

The court found that the conduct prohibited by California Penal Code 286(i) falls within the generic definition of 'rape' as defined in Castro-Baez. It noted that the definition of 'intercourse' includes acts of sodomy, and thus, Elmakhzoumi's conviction for non-consensual sodomy qualified as a rape offense under the INA. The court rejected Elmakhzoumi's argument that the definition of 'rape' should be limited to vaginal intercourse, affirming that the entirety of the conduct covered by the sodomy statute falls within the generic definition.

Conclusion

The Ninth Circuit affirmed the district court's dismissal of Elmakhzoumi's petition, concluding that his conviction for sodomy constituted an aggravated felony, making him ineligible for naturalization under the INA.

Because the generic definition of 'rape' articulated in Castro-Baez includes non-consensual acts of anal intercourse, violations of CPC 286(i) qualify as rape offenses under the INA. Elmakhzoumi therefore has been convicted of an aggravated felony and cannot meet the INA's good moral character requirement for naturalization.

Who won?

The government prevailed in the case, as the court upheld the denial of Elmakhzoumi's naturalization application based on his aggravated felony conviction.

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