Gonzalez-Vega
Gonzalez-Vega v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Reynaldo Gonzalez-Vega (“Gonzalez-Vega”), a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals (“BIA”), summarily affirming the decision of the Immigration Judge (“IJ”), ruling that Gonzalez-Vega is statutorily ineligible for a waiver of deportation under now-repealed § 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c) (1994) (repealed 1996). Gonzalez-Vega argues that the IJ retroactively applied the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) to deny him relief under INA § 212(c). We have jurisdiction, 1 and we deny the petition for review.
Gonzalez-Vega entered the United States in 1982 and became a lawful permanent resident in 1989. On December 2, 1996, Gonzalez-Vega pleaded nolo contendere to a felony charge of possession for sale of amphetamines in violation of California Health and Safety Code section 11378. The INS subsequently issued an Order to Show Cause (“OSC”), charging him with being deportable by reason of his conviction for an aggravated felony and controlled…