Clarke v. Gonzales

Tenison Clarke, a native of Barbados, was ordered removed from this country by an Immigration Judge on July 23, 2004. Clarke was found removable on the basis of his conviction of an aggravated felony, see 8 U.S.C. § 1227(a)(2)(A)(iii), that is, his February 7, 1986 conviction in state court of the crime of rape and abuse of a child, see Mass. Gen. Laws ch. 265, § 28.

The Board of Immigration Appeals (BIA) affirmed the order of removal on January 30, 2006. The BIA agreed with the IJ that Clarke was removable as an aggravated felon and that Clarke was ineligible for waiver of inadmissibility…