Sinotes-Cruz

I. Background

Sinotes-Cruz petitions for review of the Board of Immigra- tion Appeals’ (“BIA”) order requiring that he be removed to Mexico. He initially entered the United States without inspec- tion in 1981. He was granted lawful temporary resident status in May 1988. He was granted lawful permanent resident sta- tus in June 1990.

On June 2, 1993, before the enactment of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Sinotes-Cruz pled guilty to two counts of attempted aggravated assault in violation of Arizona Revised Statutes §§ 13-1001(C)(3), 13-1204(A)(2) and (B). Imposition of sentence was “suspended,” and he was placed on four years probation. On August 6, 1997, after the enactment of IIRIRA, he pled guilty to “[c]hild or vulnerable adult abuse” in viola- tion of Arizona Revised Statutes §§ 13-3623(C)(2) and 13- 902(E). Sentence was again “suspended,” and he was placed on three years probation.

On October 2, 2000, the former Immigration and Natural- ization Service (“INS”)1 commenced removal proceedings against Sinotes-Cruz by serving him with a Notice to Appear. The notice charged removability on two grounds. First, it charged…