Martin-Perez

Background

Martinez is a native and citizen of Mexico, and was admit- ted to the United States in 1981 as an immigrant. In 1996, Martinez was charged in state court with second degree rob- bery, in violation of § 211 of the California Penal Code. The information alleged that Martinez “willfully, unlawfully, and by means of force and fear [took] personal property from the person, possession, and immediate presence of Teresa Gut- tierrez.” Martinez pled guilty to one count of grand theft based on taking property from another, in violation of 9028 MARTINEZ-PEREZ v. GONZALES § 487(c) of the California Penal Code, and was sentenced to two years confinement.

In 2001, the Immigration and Naturalization Service (“INS”)1 served Martinez with a Notice to Appear, charging that Marti- nez was subject to removal under 8 U.S.C. § 1227(a)(2) (A)(iii), based on his conviction for grand theft, which the INS alleged constituted an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(G). The IJ concluded at Martinez’s removal hearing that his conviction was a theft offense for which a sentence of one year or more had been imposed and therefore constituted an aggravated felony…