Gildardo Frutos-Lopez v. Eric Holder, Jr.

MEMORANDUM

Gildardo Frutos-Lopez applied for adjustment of status to that of an alien admitted for lawful permanent residence under 8 U.S.C. § 1255®. Pursuant to 8 U.S.C. § 1182 (a)(9)(C)(i)(I) and (II), the Immigration Judge found Frutos ineligible and denied his application for adjustment of status, also denying his application for voluntary departure. The Board of Immigration Appeals (BIA) dismissed Frutos’ appeal. We deny Frutos’ petition.

(1) Adjustment of Status. Frutos argues that § 1255® should permit adjust ment of status for those individuals, like himself, who are inadmissible under § 1182(a)(9)(C)(i). However, the BIA has interpreted the statutes to mean that an alien inadmissible under § 1182(a)(9)(C)(i)(I) and (II) is ineligible for adjustment of status. See In re Briones, 24 I. & N. Dec. 355 (BIA 2007); In re Torres-Garcia, 23 I. & N. Dec. 866 (BIA 2006). Under Chevron USA, Inc. v. Natural Res. Def. Council, 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984), we defer to the agency’s permissible interpretation of the statute, and we have previously adopted the BIA’s interpretation. See Gonzales v. Dep’t of Homeland Sec., 508 F.3d 1227, 1242 (9th Cir.2007).…