Francisco Garcia-Mendez v. Loretta E. Lynch

Francisco Garcia-Mendez petitions for review of an order by the Board of Immigration Appeals (“BIA”) dismissing his challenge to a decision by an immigration judge (“IJ”) denying his application for special rule cancellation of removal for battered spouses under 8 U.S.C. § 1229b(b)(2) (“special rule cancellation”). We are asked to determine whether Garcia-Mendez was entitled to seek a waiver of inadmissibility under 8 U.S.C. § 1182 (h)(2) (“section 212(h)”) in conjunction with his application for special rule cancellation. We conclude that his status as a special rule cancellation applicant did not render him eligible to pursue a section 212(h) waiver, nor did he.qualify for such relief under any alternative approach. Accordingly, we deny Garcia-Mendez’s petition for review.

I. FACTS

Garcia-Mendez, a native and citizen of Mexico, first entered the United States, without admission, in 1989. In 2001, the immigration authorities served Garcia-Mendez with a Notice to Appear, which alleged that he was removable under 8 U.S.C. § 1182 (a)(6)(A)(i) as an alien present in the United States without being admitted or paroled. In May 2002, less than two weeks before his scheduled…