Daniel Abarca-Perez v. Loretta E. Lynch

MEMORANDUM

Daniel Abarca-Perez petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) decision finding him removable. Reviewing the IJ’s decision, see Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir.2011), we dismiss in part, and deny in part.

1. Abarca argues that the IJ erred in finding him removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) for being an “alien who is convicted of an aggravated felony at any time after admission.” He contends that this section cannot apply to him because he illegally entered the United States without inspection or authorization by immigration officials and was therefore never “admitted” into the country. However, Abarca’s adjustment to lawful permanent resident (“LPR”) status in 1998 constitutes an “admission” for purposes of 8 U.S.C. § 1227(a)(2)(A)(iii). See Ocampo-Duran v. Ashcroft, 254 F.3d 1133, 1134-35 (9th Cir.2001) (concluding that an adjustment to LPR status constitutes admission for purposes of § 1227(a)(2)(A)(iii) when an alien originally entered the United States illegally and without inspection or authorization).

2. Abarca also argues that the IJ erred in denying his request…