Ricardo Banuelos-Delena v. Eric Holder, Jr.

MEMORANDUM

In July 1998, the Immigration Naturalization Service initiated removal proceedings against Ricardo Banuelos-Delena pursuant to the Immigration and Nationality Act (INA), which authorizes the removal of any alien who is convicted of an “aggravated felony” at any time after admission. 8 U.S.C. § 1227 (a)(2)(A)(iii). At an October 2004 hearing before an Immigration Judge (IJ), Banuelos-Delena admitted that he had been convicted of various sexual offenses against a minor. Specifically, he was convicted of statutory rape under California Penal Code sections 288a(b)(2) (oral copulation with another person who is under 16 years of age), 286(b)(2) (sodomy with another person who is under 16 years of age) and 261.5 (unlawful sexual intercourse with a person who is under 18 years of age). The INA defines the term “aggravated felony” to include the “sexual abuse of a minor.” 8 U.S.C. § 1101 (a)(43)(A). Thus, the IJ ruled that Banuelos-Delena was removable because he had been convicted of an “aggravated felony.” After subsequent proceedings before the Board of Immigration Appeals (BIA), which are not relevant here, the IJ ordered Banuelos-Delena removed to Mexico. Banuelos-Delena…