Camins

I. Background

Rodolfo Camins is a fifty-five-year-old national of the Phil- ippines who has lived in the United States since 1978. Camins was granted temporary resident status in 1988 and has been an LPR since 1991. He resides in California with his wife and seventeen-year-old daughter, who are both United States citi- zens. Camins has a steady job, pays taxes, and provides finan- cial support and health insurance for his family.

In January 1996, Camins pled guilty to sexual battery under California Penal Code § 243.4. He was convicted and sen- tenced to a term of one year, of which he served eight months. Following his release from prison, Camins was given sex offender treatment for three and a half years.

On January 2, 2001, Camins was taken into custody by agents of the Immigration and Naturalization Service (now the Department of Homeland Security) at the San Francisco International Airport, when he returned with his wife and daughter from a three-week trip to visit his ailing mother in the Philippines. While in custody, Camins was served with a Notice to Appear placing him in removal proceedings as an LPR seeking admission under INA § 101(a)(13)(C)(v), 8 U.S.C. §…