Castro-Baez

This petition for review requires us to decide whether a rape conviction under CaLPenal Code § 261 constitutes an “aggravated felony” within the meaning of § 101(a)(43)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 (a) (43) (A). We conclude that it does.

I

Castro-Baez, a native and citizen of Mexico, entered the United States in 1978 and has been a lawful permanent resident since 1989. In 1996, he was convicted of rape in violation of CaLPenal Code § 261(a)(3). Two years later, on April 13, 1998, the INS charged Castro-Baez with being deportable as an alien convicted of an aggravated felony under § 237(a)(2)(A)(iii) of the INA, 8 U.S.C. § 1227 (a)(2)(A)(iii). The charge was based upon his state rape conviction. On October 2, 1998, an immigration judge found Castro-Baez’s rape conviction to be a de-portable offense, ordered him removed from the United States, and pretermitted his application for discretionary cancellation of removal.

Following an unsuccessful appeal to the Board of Immigration Appeals (“BIA”), Castro-Baez filed with this Court a timely petition for review of the BIA’s decision. He claims he is not deportable because his state rape conviction…