Alejandro Rodriguez v. James Hayes

I. Background

Petitioner is a citizen of Mexico who came to the United States at the age of one in 1979. He became a lawful perma- nent resident eight years later. Petitioner was arrested in April 2004, charged with being removable based on past drug and theft convictions, and detained thereafter by the Department of Homeland Security. Petitioner contested his removability before an immigration judge (“IJ”), who determined he was subject to mandatory removal based on either of his past offenses. The Board of Immigration Appeals (“BIA”) RODRIGUEZ v. HAYES reversed the IJ’s finding that Petitioner was removable on the basis of his drug offense, but upheld the IJ’s finding that his theft conviction was an aggravated felony requiring removal. Petitioner appealed the BIA’s finding that his theft offense constituted an aggravated felony and we stayed his removal pending our decision. The appeal has been held in abeyance pending determination of a separate appeal to the United States Supreme Court. During his detention Petitioner received three custody reviews from Immigration and Cus- toms Enforcement that determined to continue his detention, the latest…