Abigail Alfano v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Abigail J. Alfano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judges’ order denying her application for a waiver of inadmissibility under 8 U.S.C. § 1182 (h). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.
The agency did not err in denying Alfa-no’s application for a waiver under 8 U.S.C. § 1182 (h), where Alfano was not an arriving alien seeking admission in removal proceedings and was not eligible for adjustment of status. See Mtoched v. Lynch, 786 F.3d 1210, 1217-18 (9th Cir. 2015) (deferring to 8 C.F.R. § 1245.1 (f), which limits a § 1182(h) waiver to those “applying or reapplying for a visa, for admission to the United States, or for adjustment of status,” and deferring to the BIA’s decision in Matter of Rivas, 26 I. & N. Dec. 130, 132-35 (BIA 2013), that a § 1182(h) waiver is not available on a “stand alone” basis for deportable aliens in removal proceedings).