Gonzalez-Galvan

MEMORANDUM *

Isidro Gonzalez-Galvan (“Gonzalez”), a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), dismissing his appeal from a decision of an Immigration Judge. He contends that the BIA erred by: (1) finding him ineligible for relief pursuant to § 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c); and (2) failing administratively to close his deportation proceedings to allow him to apply for cancellation of removal under INA § 240A(a), 8 U.S.C. § 1229b(a). We deny the petition.

Gonzalez concedes that he committed the deportable offense of entry without inspection in violation of § 241(a)(1)(B) of the INA, 8 U.S.C. § 1251 (a)(1)(B). Because this ground for deportation has no counterpart in the exclusion statute, see Gutierrez v. INS, 745 F.2d 548, 550 (9th Cir.1984), he is ineligible for a waiver of deportation under INA § 212(c). See Komarenko v. INS, 35 F.3d 432 (9th Cir. 1994) (finding an alien ineligible for INA § 212(c) relief for committing a firearms offense with no comparable exclusion provision); Cabasug v. INS, 847 F.2d 1321 (9th Cir.1988) (same).

This denial of eligibility for INA § 212(c)…