Escoto-Castillo v. Napolitano, No. 10-3124 (8th Cir. 2011)
Annotate this CasePetitioner, a citizen of Mexico, filed a timely petition for judicial review following removal, asserting that his 2002 burglary conviction was not an aggravated felony that authorized expedited removal. The court held that, although it had jurisdiction to consider the aggravated felony issue under 8 U.S.C. 1252(a)(2)(D), the review was precluded because petitioner did not raise the issue in the administrative removal proceeding and petitioner's claim was based entirely on a post-removal state court order, evidence that was not part of the administrative record on appeal. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - Immigration. Although the court has jurisdiction to consider the aggravated felony issue under 8 U.S.C. Sec. 1252(a)(2)(D), review is precluded because petitioner failed to raise the issue in his administrative removal proceeding and because the claim is based entirely on a post-removal state court order which is not part of the administrative record.
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