Mendez-Alcaraz

Facts

Mendez-Alcaraz, an alien with lawful permanent residence status, pleaded guilty in 1996 to sexual abuse of a minor.1 He was sentenced to 75 months in prison and 120 months of “post-prison supervision.” He spent three years in a juvenile detention facility and another three in a state prison. When his imprisonment for sexual abuse of a minor ended, the INS took Mendez-Alcaraz into its custody and sought removal based on the conviction.2 Mendez-Alcaraz conceded removability, des- ignated Mexico as the country to which he would be removed, and stated that he wished to apply for waiver of deportation. He was 16 when he committed the felony, 23 when he con- ceded removability and waived appeal. There is, and was at the time of Mendez-Alcaraz’s guilty plea to sexual abuse of a minor, no discretionary relief from removal available to an aggravated felon who had served a prison term of five years or more.3 1 Or. Rev. Stat. § 163.427. 2 8 U.S.C. § 1227(a)(2)(A)(iii). 3 Pub. L. No. 101-649, § 511, 104 Stat. 5052 (amending 8 U.S.C. § 1182(c)); INS v. St. Cyr, 533 U.S. 289, 297 (2001); United States v. Velasco-Medina, 305 F.3d 839, 850 (9th Cir. 2002). MENDEZ-ALCARAZ v. GONZALES …