Melendez

I.

INTRODUCTION

Petitioner William de Jesus Melendez appeals from a deci- sion of the Board of Immigration Appeals (“BIA”) denying his motion for adjustment of status and ordering him removed to El Salvador. Petitioner entered the United States without having been admitted or paroled, and was arrested and prose- cuted for possession of a controlled substance by the State of California in 1996. The 1996 prosecution resulted in “pretrial diversion,” and because Petitioner successfully completed a drug education, treatment, or rehabilitation program, the crim- inal charges were eventually dismissed without Petitioner entering a plea or being found guilty. In 1998, the government initiated removal proceedings, after which Petitioner married a United States citizen who in early 1999 petitioned for an immigrant relative visa (form I-130) on Petitioner’s behalf. The I-130 was approved, but whatever advantage Petitioner might have gained as a result was undermined when he was arrested again and convicted in late 1999 of possession of a controlled substance. MELENDEZ v. GONZALES 12657 Thereafter, an Immigration Judge (“IJ”) denied petitioner’s application for adjustment…