Guzman

MEMORANDUM

Araceli Guzman, a native and citizen of Mexico, petitions for review of an order reinstating her January 10, 1996 order of exclusion and deportation. We deny the petition.

I

Guzman’s application to adjust her status was not denied on the basis of the ten-year bar in INA § 212(a)(9)(C), but because of her January 10, 1996 removal and bar from entering the United States “for a period of one year.” The one-year bar was in effect at the time of her removal. 8 U.S.C. § 1182 (a)(6)(A) (1994). Reinstatement of removal was ordered pursuant to INA § 241(a)(5), which applies retroactively. Fe rnandez-Vargas v. Gonzales, 548 U.S. 30, 33 , 126 S.Ct. 2422 , 165 L.Ed.2d 323 (2006). Thus, neither the denial of Guzman’s application nor the reinstatement of the prior order had an impermissible retroactive effect. Guzman does not challenge any of the factual predicates for reinstatement. See Padilla v. Ashcroft, 334 F.3d 921, 925 (9th Cir.2003).

II

Guzman did not seek discretionary waiver until after her removal order was reinstated. This meant that she was ineligible for “any relief,” including adjustment of status. 8 U.S.C. § 1231 (a)(5); cf. Duran-Gonzales v. DHS, 508 F.3d 1227,…