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Appeals court rules sex with a minor isn't a 'crime of violence'
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Monday, December 12, 2005


(12-12) 16:31 PST San Francisco (AP) --


A federal appeals court ruled Monday that a Peruvian immigrant cannot be deported for having sex with a minor because the act by itself is not a "crime of violence."

The U.S. 9th Circuit Court of Appeals reversed rulings by an immigration judge and the Board of Immigration Appeals that ordered the deportation of Victor Valencia, who petitioned for a rehearing of his case.

Valencia, a native and citizen of Peru who lived in California, pleaded guilty in 1997 to felony unlawful sexual intercourse with a person under 18. He was sentenced to one year in county jail and five years of probation.

The immigration judge ruled that having sex â€â€