Adame Garcia v. Blanche — Ninth Circuit denies challenge to removal bar based on California harmful-matter conviction

Case
Jesus Adame Garcia v. Todd Blanche
Court
U.S. Court of Appeals for the Ninth Circuit
Judge
Jed S. Rakoff
Date Decided
August 10, 2026
Docket No.
16-71147
Topics
Immigration, removal, child abuse, categorical approach
Source
Read the full opinion

Background

Jesus Adame Garcia, a Mexican citizen who entered the United States without inspection as a child, was convicted in 2012 after pleading nolo contendere to California Penal Code § 288.2(b). The conviction arose from sending lewd and sexually explicit messages to a minor. He received a 14-day jail sentence.

After the Department of Homeland Security began removal proceedings, Adame sought cancellation of removal. The immigration judge pretermitted the application, concluding that the offense was both a crime involving moral turpitude and a crime of child abuse. The Board of Immigration Appeals dismissed his appeal on the child-abuse ground and did not reach the moral-turpitude issue.

The Court’s Holding

The Ninth Circuit denied the petition for review. Applying its intervening decision in Leon-Briviesca v. Blanche, the court held that a conviction under § 288.2(b) is categorically a crime of child abuse, child neglect, or child abandonment under 8 U.S.C. § 1227(a)(2)(E)(i), making Adame ineligible for cancellation of removal.

The statute requires knowing and intentional conduct, including an intent to seduce a minor. The court rejected Adame’s claimed overbreadth: the generic federal definition requires a risk of physical or emotional harm rather than actual injury; § 288.2(b) cannot rest solely on consensual communications because it requires “harmful matter”; and Adame did not establish a realistic probability that California prosecutes completed violations involving an adult posing as a minor or a minor who never received or knew of the communication. He also abandoned the latter argument in his reply brief.

Key Takeaways

  • California Penal Code § 288.2(b) is categorically a removable child-abuse offense under the Ninth Circuit’s framework.
  • A categorical-match challenge requires more than theoretical overbreadth; the noncitizen must show a realistic probability of prosecution for the asserted conduct.
  • The court did not decide whether Adame’s conviction was also a crime involving moral turpitude.

Why It Matters

The decision confirms that distributing sexually harmful material to a minor with the intent required by § 288.2(b) triggers the immigration child-abuse removal ground in the Ninth Circuit. It also applies Leon-Briviesca to reject arguments based on hypothetical applications of the California statute absent evidence of actual or realistic prosecutorial practice.

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