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VARGAS v. DEPARTMENT OF HOMELAND SECURITY

No. 05-9581.

451 F.3d 1105 (2006)

Mauricio VARGAS, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY; Mario Ortiz, Interim District Director, in his official capacity only; Executive Office of Immigration Review; Alberto R. Gonzales, Attorney General, Respondents.

United States Court of Appeals, Tenth Circuit.

June 21, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs: Patrick C. Hyde, Denver, Colorado, for Petitioner.

Jennifer L. Lightbody, Attorney, (Stephen J. Flynn, Senior Litigation Counsel, with her on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.

Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

Under 8 U.S.C. § 1227(a)(2)(A)(iii), "[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable." The term aggravated felony encompasses, among other things, "sexual abuse of a minor." 8 U.S.C. § 1101(a)(43)(A). Mauricio Vargas was ordered removed from the country following a state conviction in Colorado for contributing to the delinquency of a minor...

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