Garcia-Olivarria

MEMORANDUM

Jose Martin Garcia-Olivarria (Garcia), a native and citizen of Mexico, petitions for review of the decision by the Board of Immigration Appeals (BIA), dismissing his appeal of an immigration judge’s (IJ’s) decision denying his request for a waiver of inadmissibility under former Immigration and Nationality Act (INA) § 212(c), 8 U.S.C. § 1182 (c) (1994). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

The BIA denied Garcia’s application for a § 212(c) waiver, because he was convicted after a jury trial for the sale/transportation of cocaine base. The BIA did not err in finding Garcia statutorily ineligible for relief. Garcia did not demonstrate objective reliance on the now-repealed § 212(c), when he rejected a plea agreement and elected to have a jury trial. See INS v. St. Cyr, 533 U.S. 289, 325-26 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001); Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir.2002) (“Unlike aliens who pleaded guilty, aliens who elected a jury trial cannot plausibly claim that they would have acted any differently if they had known about [the enactment of Anti-terrorism and Effective Death Penalty Act…