Vieira García v. Immigration & Naturalization Service

BOWNES, Senior Circuit Judge.

This case is an attack on a deportation order holding the petitioner removable as charged. The issue is whether the immigration judge (IJ) and the Board of Immigration Appeals (BIA) properly found that the petitioner was “convicted” and therefore subject to deportation when he was seventeen years of age at the time he committed the criminal offense.

I

We state the facts as recited in the administrative record. Petitioner Antonio Vieira Garcia is a permanent resident of the United States. Originally from Cape Verde, he entered this country with his family on December…