Avila-Sanchez
Avila-Sanchez v. Mukasey
Opinion
Opinion
Fernandez, J.
Oscar Javier Avila-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order denying his special motion to reopen so that he could apply for a waiver of inadmissibility pursuant to former 8 U.S.C. § 1182 (c) (1994). The BIA determined that due to the fact of Avila’s prior deportation and subsequent illegal reentry, he was not entitled to relief. In addition, it refused to allow him to collaterally attack prior proceedings. We deny the petition.
BACKGROUND
Avila was a lawful permanent resident, who first entered the country in 1980. In July 1994, Avila pled guilty and was convicted of possession of a controlled substance (heroin), pursuant to California Health and Safety Code § 11350. In November 1996, the former Immigration and Naturalization Service issued an Order to Show Cause charging Avila with a controlled substance violation, and placed him in deportation proceedings. [First Proceeding], In those proceedings, the Immigration Judge found Avila deportable as charged, ineligible for relief under § 1182(c), and ineligible for cancellation of removal.
Avila filed a timely motion for reconsideration, in which he requested a waiver…