Mauricio Magdaleno-Montes v. Loretta E. Lynch

MEMORANDUM

Mauricio Magdaleno-Montes, a native and citizen of Mexico, petitions for review of a Department of Homeland Security order reinstating his prior order of removal, as well as the related denials of his applications for a waiver of inadmissibility and for adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition in part and dismiss in part.

U.S. Citizenship and Immigration Services properly denied Magdaleno-Montes’s applications for a waiver of inadmissibility under 8 U.S.C. § 1182 (a)(9)(C)(ii) (an “I-212 waiver”) and for adjustment of status. Magdaleno-Montes is permanently inadmissible because he was previously removed. 8 U.S.C. § 1182 (a)(9)(C)(i). Further, Magdaleno-Montes is not eligible for an 1-212 waiver because he did not remain outside the United States for more than ten years following his last departure. See Carrillo de Palacios v. Holder, 708 F.3d 1066 , 1073 & n. 5 (9th Cir.2013); see also 8 U.S.C. § 1182 (a)(9)(C)(ii). Because Mag-daleno-Montes was permanently inadmissible, his ineligibility for an 1-212 waiver also made him ineligible for adjustment of status. See 8 U.S.C. § 1255 (i)(2)(A); Gonzales v. Dep’t of…