Mandujano-Real

I. Factual and Procedural Background

Petitioner, Miguel Mandujano-Real, is a thirty-three year old native and citizen of Mexico. He entered the United States at the age of six. In 1989, at the age of fourteen, he became a lawful permanent resident.

In March 2006, the U.S. Department of Homeland Security (“DHS”) commenced removal proceedings against Mandujano-Real.1 The Government charged him with being 1 On March 1, 2003, the functions of the former Immigration and Natu- ralization Service (“INS”) were transferred from the Department of Justice MANDUJANO-REAL v. MUKASEY 5931 removable on the basis of each of two criminal convictions. First, on June 6, 2005, Mandujano-Real was convicted, and sentenced to six months, for unlawful possession of a con- trolled substance pursuant to Oregon Revised Statute § 475.992(4b). The Government alleged that this conviction rendered him removable under 8 U.S.C. § 1227(a)(2)(B)(i) (making removable an alien who, at any time after admission, has been convicted of an offense relating to a controlled sub- stance). Second, that same day, Mandujano-Real was con- victed, and sentenced to thirteen months, for identity theft…