Jorge Apolinar Olivera-Garcia v. Immigration & Naturalization Service

The Immigration and Naturalization Service (“Service”) removed a Mexican alien admitted for permanent residence following his criminal conviction. He challenges the Board of Immigration Appeals (“Board”)’s affirmance of that action. We hold that we have no jurisdiction to review that action and therefore dismiss the petition for review.

I

The petitioner Jorge Apolinar Olivera-Garda (“Olivera-Garda”) lawfully entered the United States as a permanent resident in 1982. In 1999, as a result of a guilty plea, he was convicted in the Eastern District of California of an offense described in the criminal judgment as follows:

The record does not contain a copy of the superseding information to which he pleaded, or of the preceding indictment. He was sentenced to 66 months imprisonment.

The Service then instituted proceedings to remove him from the United States pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii) and § 1227(a)(2)(B)® on the ground that his conviction was for an aggravated felony and an offense related to a controlled substance. After an evidentiary hearing, the immigration judge denied Olivera-Gar-cia’s request for cancellation of removal and ordered him removed. In…