Maurizio Crippa v. Eric Holder, Jr.

MEMORANDUM

Maurizio Crippa entered the United States under the Visa Waiver Program (“VWP”). Under the terms of the VWP Crippa was admitted into the country for ninety days without being required to obtain a visa. In exchange for this expedient entry Crippa signed a waiver of his right to contest any action for removal other than through an asylum claim. 8 U.S.C. § 1187 (b)(2). He overstayed his ninety-day admission by several years and was ordered removed. While in custody he applied for an adjustment of status to that of a lawful permanent resident. His application was denied.

Before the court are Crippa’s two consolidated petitions for review. One is a petition for review of the denial of his status-adjustment application (No. 11-72027). We lack jurisdiction over this petition because it does not challenge a final removal order. In addition, judicial review of status-adjustment denials is “expressly precluded by 8 U.S.C. § 1252 (a)(2)(B)(i),” Hassan v. Chertoff, 598 F.3d 785, 788-89 (9th Cir.2010), and there is no colorable claim of constitutional or legal error. 8 U.S.C. § 1252 (a)(2)(D).

The other is a petition for review of the final removal order (No. 11-70500). Although…