Rodolfo Pedroza-Padilla v. Alberto R. Gonzales, Attorney General

ORDER AND OPINION

ORDER

Respondent’s request for publication is GRANTED. The memorandum disposition, located at 2007 WL 295496 (9th Cir. Jan. 29, 2007), is withdrawn. A superseding opinion will be filed simultaneously with this Order. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

We must decide whether a waiver of inadmissibility under the Immigration Reform and Control Act also waives the legalization requirement that an alien have resided continuously in the United States since January 1,1982.

I

A

Rodolfo Pedroza-Padilla (“Pedroza”), a Mexican national, first entered the United States without inspection in November 1980. Pedroza was subsequently ordered deported from the United States in 1984, was given until January 5, 1985 to depart voluntarily, but failed to depart until March 27, 1985. He subsequently reentered the United States, and on October 18, 1986, the Immigration and Naturalization Service (“INS”) initiated deportation proceedings against Pedroza with an Order to Show Cause alleging that he had entered the United States without inspection in violation of 8 U.S.C. § 1251 (a)(2) (1986). On October 30, 1986, an immigration judge…