Sevilla
Sevilla v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Prince Sergio Sevilla (“Sevilla”), a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an Immigration Judge’s (“IJ”) decision that pretermitted his application for adjustment of status under Section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 . We have jurisdiction pursuant to 8 U.S.C. § 1252 (b); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002), and we deny the petition.
Sevilla first argues that the regulations implementing the adjustment of status statute impose conditions not found in the INA and violate due process. Sevilla was paroled pursuant to Section 212(d)(5) of the INA; therefore, he is an arriving alien. 8 C.F.R. § l.l(q) (“An arriving alien remains such even if paroled pursuant to section 212(d)(5) of the Act.”). However, because Sevilla committed a crime of moral turpitude, he was placed in removal proceedings pursuant to 8 U.S.C. § 1182 (a)(2)(A)(i)(I).
8 C.F.R. § 245 (a)(1) (emphasis added).
Further, under 8 C.F.R. § 245.1 (c)(8), arriving aliens who are in removal proceedings, and who are not advance parolees, are…