Marvin Franco-Bardales v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Marvin Antonio Franco-Bardales, a Guatemalan man living in the United States without status since 1983, petitions this Court for review of the Board of Immigration Appeals’ (“BIA”) August 29, 2011 decision affirming the Immigration Judge’s (“IJ”) denial of his applications for adjustment of status and waiver of inadmissibility, pursuant to 8 U.S.C. § 1182 (h), and the BIA’s March 27, 2012 decision denying his motion to reopen. We deny the petitions, which were consolidated for this proceeding.
Franco-Bardales concedes that he is removable. This Court has jurisdiction to review only constitutional claims and questions of law related to the BIA’s denial of a waiver of inadmissibility. Corpuz v. Holder, 697 F.3d 807, 810 (9th Cir.2012) (citing 8 U.S.C. § 1252 (a)(2)(C)-(D)); see also Rivera-Peraza v. Holder, 684 F.3d 906, 908 (9th Cir.2012) (“Admissibility is a necessary precondition for adjustment of status.”). Where the BIA relies on the IJ’s reasoning, we look to the IJ’s decision “as a guide to what lay behind the BIA’s conclusion.” Bingxu Jin v. Holder, 748 F.3d 959, 964 (9th Cir.2014) (citation and internal quotation marks omitted).