Restrepo v. Attorney General of the United States
617 F.3D 787, 2010.C03.0001316
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Descripción editorial
Petitioner Mario Restrepo ("Restrepo"), a native and citizen of Colombia and a lawful permanent resident of the United States, filed the instant petition to prevent his removal from this country based on the determination of the Board of Immigration Appeals ("BIA") that he committed an "aggravated felony" pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) and 8 U.S.C. § 1101(a)(43)(A). In 1994, Restrepo was convicted of "aggravated criminal sexual contact" under N.J. Stat. Ann. § 2C:14-3(a). Restrepo argues that this conviction does not qualify as an aggravated felony under the Immigration and Nationality Act ("INA"). We disagree and, as a result, we conclude that we lack jurisdiction to review the BIAs final order of removal. See 8 U.S.C. § 1252(a)(2)(C). Restrepo also contends that the removal proceedings brought against him are time-barred, for they did not commence until a decade after his conviction was imposed. We reject this argument as well and we will dismiss Restrepos petition.