Torlone
Torlone v. Holder
Opinion
Opinion
MEMORANDUM
Steven Torlone, a native and citizen of Canada, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo constitutional questions and questions of law, Becker v. Gonzales, 473 F.3d 1000 , 1001 n. 2 (9th Cir.2007), and we deny the petition for review.
Torlone’s contention that the expanded aggravated felony definition contained in section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) cannot be applied retroactively is foreclosed. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054 (9th Cir.2005).
Torlone’s aggravated felony conviction renders him ineligible for a § 212(h) waiver. See 8 U.S.C. § 1182 (h)(2). Torlone’s contention that he remains eligible for a waiver of inadmissability under § 212(h) as it existed prior to the enactment of IIRI-RA is foreclosed. See Alvarez-Barajas, 418 F.3d at 1054-55 (“Congress not only made aliens convicted of aggravated felonies ineligible for [§ 212(h) ] waivers, but expressly made this change retroactive.”).