Jaime Perez-Enriquez v. Alberto R. Gonzales, Attorney General

Jaime Perez-Enriquez, petitioner, contends that he may not be removed as an alien who was inadmissible at the time of his adjustment of status under 8 U.S.C. § 1227 (a)(1)(A) because his adjustment of status took place on the date he applied for lawful permanent residence. We, however, adopt the Immigration Judge’s (“IJ”) position, summarily affirmed by the Board of Immigration Appeals (“BIA”), that Perez-Enriquez’s adjustment of status for purposes of 8 U.S.C. § 1227 (a)(1)(A) did not occur until his immigration status was adjusted to lawful permanent resident. As petitioner does not contest that he was inadmissible on this later date, his petition for review is dismissed.

I

Jaime Perez-Enriquez is a citizen and native of Mexico. On or about November 10, 1988, he was granted temporary resident status under the Special Agricultural Workers (“SAW”) provisions of § 210 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1160 . On December 1, 1990, his temporary lawful status was automatically adjusted to that of a lawful permanent resident pursuant to that section. Id. § 1160(a)(2)(B).

On February 27, 1989, when Perez-En-riquez was 18 years old, he pled guilty to the crime…