Rivera-Martinez v. Ashcroft
Court of Appeals for the First Circuit
1Per curiam
Angel Yuanes Rivera-Martinez (“Rivera”), a native and citizen of the Dominican Republic, was admitted to the United States as a lawful permanent resident in 1981. Sixteen years later, he was convicted of raping a child and sentenced to eight years’ imprisonment. The Immigration and Naturalization Service (“INS”) 1 initiated removal proceedings in September 2001, charging Rivera with removability under 8 U.S.C. § 1227(a)(2)(A)(iii) as an “alien ... convicted of an aggravated felony.” 2 At a hearing before an immigration judge (“IJ”), Rivera argued that he was not subject to removal proceedings…
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