Appel

MEMORANDUM

Herman Appel, a native and citizen of Austria, petitions for review of the decision of the Board of Immigration Appeals dismissing his appeal of the immigration judge’s order finding him removable as charged. The IJ determined that Appel was removable pursuant to INA §§ 237(a)(2)(A)(iii) 3 and 237(a)(2)(B)(i) 4 because of his June 1992 convictions for possession of cocaine, sale or transportation of cocaine, and conspiracy to sell cocaine in violation of California Health and Safety Code §§ 11351 and 11352(a). On appeal, the BIA found that Appel was statutorily ineligible for a waiver of inadmissibility pursuant to INA § 212(c) because the availability of such relief was removed by section 304(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).

INA § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C) provides: “Notwithstanding any other provision of law, no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in ... section 237(a)(2)(A)(iii), (B), (C) or (D) [ 8 U.S.C.A. § 1227 (a)(2)(A)(iii), (B), (C), or (D) ]....” 5 We have…