Jose Barajas-Preciado v. Loretta E. Lynch

MEMORANDUM

Jose Manuel Barajas-Preciado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo question of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.

Barajas-Preciado does not challenge that his controlled substance conviction renders him statutorily ineligible for adjustment of status. See 8 U.S.C. § 1255 (a)(2); Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived).

Contrary to Barajas-Preciado’s contention, the agency was not required to conduct a particularly serious crime analysis or consider the related factors in Matter of Frentescu, 18 I. & N. Dec. 244, 247 (BIA 1982), in determining his eligibility for adjustment of status, where his controlled substance conviction rendered him inadmissible. See 8 U.S.C. § 1255 (a)(2) (status may be adjusted if alien is “eligible to receive an immigrant visa and is admissible to the United State”…