In a surprising published decision, the BIA held that sexual intercourse with a minor (statutory rape), Cal. Penal Code § 261.5(d), does not categorically constitute a crime involving moral turpitude. Matter of Guevara Alfaro, 25 I&N Dec. 417 (BIA 2011) (Pauley, Greer, and Wendtland, Board Members). Board member Wendtland wrote the BIA’s opinion.This should have been a straightforward decision given that, as the BIA acknowledges, the Ninth Circuit, from which this case arose, held just two years ago that § 261.5(d) is not categorically a CIMT.