The Supreme Court has issued a decision addressing when statutory rape offenses qualify as sexual abuse of a minor aggravated felonies. The Court held that "[a]bsent some special relationship of trust, consensual sexual conduct involving a younger partner who is at least 16 years of age does not qualify as sexual abuse of a minor under the INA, regardless of the age differential between the two participants. We leave for another day whether the generic offense requires a particular age differential between the victim and the perpetrator, and whether the generic offense encompasses sexual intercourse involving victims over the age of 16 that is abusive because of the nature of the relationship between the participants." Thus, a conviction under section 261.5(c) of the California Penal Code does not constitute sexual abuse of a minor, as it criminalizes sexual conduct with individuals older than age 16.
The full text of Esquivel-Quintana v. Sessions can be found here: