Delatorre-Solis

MEMORANDUM **

After being charged in October 2000 with felony mayhem in violation of Nevada Revised Statutes 200.280, Delatorre-Solis engaged in plea negotiations with the state. The result was an agreement described in a December 12, 2000, report by the Nevada Department of Motor Vehicles and Public Safety, Division of Parole and Probation, which provided that if Delatorre-Solis “successfully completes probation and pays full restitution, the defendant may withdraw his plea and plead *683 guilty to” a gross misdemeanor. On December 29, 2000, the court convicted Delatorre-Solis on his guilty plea, sentenced him to a maximum prison term of 48 months, suspended the execution of the sentence, and “placed [him] on probation for an indeterminate period not to exceed three (3) years.” In January 2004 — -just over three years later — the Nevada court allowed Delatorre-Solis to withdraw his felony plea and to enter instead a plea of guilty to a gross misdemeanor. He was resentenced on February 5, 2004, to three days of detention, and was given credit for three days already served.

On January 28, 2003, the immigration judge found Delatorre-Solis removable under INA § 237(a)(2)(A)(iii),…