Jorge Ayala v. Eric Holder, Jr.

MEMORANDUM

Jorge Antonio Ayala, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for a waiver of inadmissibility under 8 U.S.C. § 1182 (h) and for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, including due process claims. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

The agency did not use an incorrect legal standard or violate due process in concluding that Ayala’s conviction for assault with a deadly weapon under California Penal Code § 245(a)(1) constituted a “violent or dangerous crime” under 8 C.F.R. § 1212.7 (d), which required him to meet the heightened hardship standard for a waiver of inadmissibility under 8 U.S.C. § 1182 (h). See Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir.2007).

We lack jurisdiction to review the agency’s discretionary determination that Ayala has not established the heightened level of hardship for a waiver of inadmissibility under 8 U.S.C. § 1182 (h). See 8 U.S.C. §…