Jose Jesus Perez-Oropeza v. Immigration and Naturalization Service

Jose Jesus Perez-Oropeza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the immigration judge’s (“U”) decision (1) finding Perez-Oropeza deportable, pursuant to 8 U.S.C. § 1251 (a)(l)(E)(i), for aiding in the illegal entry of his brother into the United States within five years of Perez-Oropeza’s entry, and (2) finding him ineligible for section 1251(a)(l)(E)(iii) relief, which allows the Attorney General, in her discretion, to waive deportation under clause (i) for aliens who aided in the illegal entry of a “spouse, parent, son, or daughter (and no other individual)_” See 8 U.S.C. § 1251 (a)(l)(E)(iii).

On petition for review, Perez-Oropeza’s only contention is that the BIA violated his right to equal protection when it found him statutorily ineligible for a waiver of deportation pursuant to 8 U.S.C. § 1251 (a)(l)(E)(iii). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition for review.

I

Standard of Review

“We review de novo the BIA’s determination of purely legal questions regarding the requirements of the Immigration and Nationality Act” (“INA”). Komarenko v. INS, 35 F.3d 432, 434…