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RIVAS-MELENDREZ v. NAPOLITANO

No. 11-2246.

689 F.3d 732 (2012)

Hilario RIVAS-MELENDREZ, Petitioner-Appellant, v. Janet A. NAPOLITANO, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2012.

Attorney(s) appearing for the Case

Shannon M. Shepherd (argued), Attorney, Immigration Attorneys, LLP, Chicago, IL, for Petitioner-Appellant.

Craig A. Defoe (argued), Attorney, Department of Justice, Civil Division, Washington, DC, Craig A. Oswald , Attorney, Office of the United States Attorney, Chicago, IL, for Respondents-Appellees.

Before SYKES and TINDER, Circuit Judges, and DeGUILIO, District Judge.

SYKES, Circuit Judge.

Hilario Rivas-Melendrez ("Rivas") is a native and citizen of Mexico who entered the United States in 1970 as a lawful permanent resident. On November 9, 2009, the Department of Homeland Security ("DHS") charged Rivas with removability because of a 1980 conviction for statutory rape. At his hearing before an immigration judge ("IJ"), Rivas acknowledged the conviction but argued that it did not constitute an aggravated felony and that he was therefore...

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