Eliceo Hernandez-Martinez v. John Ashcroft, Attorney General

ORDER

John Ashcroft, Attorney General of the United States, petitions for rehearing by the panel, asking the panel to “clarify its decision and specifically remand the case to the Board to determine under which statutory subsection of the Arizona statute Hernandez-Martinez was convicted and whether a conviction under that subsection subjects him to remand.” In support of this request, Ashcroft cites to the Administrative Record.

We have accordingly examined the portions of the A.R. cited. The first, pages 73-74, sets out the admission of Hernandez that he has received the charging document of the service and that he admits removability for being present without admission. The charging document of the service at A.R. 298 is itself referenced. The next citation is to A.R. 95-110. Pages 95-101 are the record of his sentencing to probation by the Superior Court of Mari-copa County, Arizona for the offense stated in our opinion. Pages 102-110 contain the Presentence Report in that case.

In several cases cited by Ashcroft we have noted the documents that the Board of Immigration Appeals is free to consider in determining whether a conviction under a divisible statute constitutes an…