Sergio Navarro-Ruiz v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Sergio Navarro-Ruiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) determination that he was removable and ineligible for relief due to his 1995 conviction for possession for sale of methamphetamine and his 1996 conviction for possession of methamphetamine. The BIA concluded that Petitioner was not simultaneously eligible for waiver of inadmissibility under former 8 U.S.C. § 1182 , INA'§ 212(c) and cancellation of removal under 8 U.S.C. § 1229b, INA § 240A.

Petitioner argues that the BIA did not provide him with meaningful review because, in deciding that he could not file for relief simultaneously under INA §§ 212(c) and 240A, the BIA relied on an unamended version of our opinion in Garcia-Jimenez v. Gonzales, 472 F.3d 679 (9th Cir.2007). We disagree. Although the amended version of the opinion, Garcia-Jimenez v. Gonzales, 488 F.3d 1082 (9th Cir.2007), included a dissent by Judge Pregerson and was available at the time of the BIA’s decision, the text of the majority’s opinion remained unchanged. Our panel is bound by the majority opinion in Garcia-Jimenez,…