VIEIRA GARCÍA v. I.N.S.

No. 00-1018.

239 F.3d 409 (2001)

Antonio VIEIRA GARCÍA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided February 21, 2001.


Attorney(s) appearing for the Case

Thomas L. Mirza, with whom Audette, Bazar & Gonzalez, Inc., were on brief, for petitioner.

Randy Olen and Olen Law Offices on brief for Rhode Island Affiliate, American Civil Liberties Union, amicus curiae.

Julia K. Doig, Attorney, Office of Immigration Litigation, United States Department of Justice, with whom, David W. Ogden, Assistant Attorney General, Civil Division, Mark C. Walters, Assistant Director, Office of Immigration Litigation, and Margaret J. Perry, Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.


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...

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