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By Susan Schreiber

Under California Penal Code § 261.5, a person who has sexual intercourse with someone who is at least three years younger and under age 18 commits the offense of unlawful intercourse.  This means, for example, that a 20-year-old who has consensual sex with his 17-year-old girlfriend may be prosecuted under this statute.  In this type of offense, commonly referred to as statutory rape, lack of consent is presumed where there is sexual intercourse with a minor under the age of consent specified in the statute.

Salvadorans who have already been granted Temporary Protected Status (TPS) are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.  The extension of TPS for nationals of El Salvador is effective from March 10, 2015 and through September 9, 2016.  Nationals of El Salvador who have been granted TPS previously must re-register during the 60-day re-registration period, which began on January 7, 2015 and will remain in effect through March 9, 2015.

By Sarah Bronstein

On January 8, 2015, the Board of Immigration Appeals issued a decision in Matter of O.A. Hernandez, 26 I&N Dec. 464 (BIA 2015), finding that the offense of “deadly conduct” under the Texas Penal Code is a crime involving moral turpitude (CIMT).  The analysis of CIMTs is an area of the law that has evolved significantly in the last few years.  This decision gives us one more indication of how the Board of Immigration Appeals is viewing CIMTs.

CLINIC welcomes the following new member/subscribers:

Esperanza Social Service in Rio Grande City, Texas.  Sandra Hernandez, M.S.W., Executive Director, advises that the agency is seeking BIA recognition with one partial accredited representative.

Agency Recognition and Staff Accreditation

CLINIC congratulates member agencies and program staff on receiving Board of Immigration Appeals (BIA) agency recognition and accreditation credentials.

BIA Agency Recognition: