Bailsford

MEMORANDUM

Adam John Brailsford is a citizen and native of South Africa. He petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) conclusion that he is ineligible for adjustment of status under the Immigration and Nationality Act (“INA”) § 245, 8 U.S.C. § 1255 , due to his inadmissibility under INA § 212(a)(2)(A)(i)(II), 8 U.S.C. § 1182 (a)(2)(A)(i)(II). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition.

The government charged, and the BIA concluded, that Brailsford is inadmissible under 8 U.S.C. § 1182 (a)(2)(A)(i)(II), because of his two prior South African convictions for possession of controlled substances. Brailsford presented evidence that these convictions were expunged pursuant to a South African presidential pardon. However, on appeal, Brailsford has not met his burden to show that he is “clearly and beyond doubt entitled to be admitted and is not inadmissible.” 8 U.S.C. § 1229a(c)(2)(A).

Brailsford’s equal protection challenge that his South African presidential pardon should lead to a waiver, pursuant to 8 U.S.C. § 1227 (a)(2)(A)(vi), fails. This statute is inapplicable,…