Quoc Huynh v. Eric Holder, Jr.

MEMORANDUM

Petitioner Quoc Bao Huynh appeals a decision by the Board of Immigration Appeals finding him ineligible for cancellation of removal, INA § 240A(a), 8 U.S.C. § 1229b(a) (“LPR cancellation”), and a waiver of inadmissibility under INA § 212(h), 8 U.S.C. § 1182 (h)(B) (“212(h) waiver”), and holding that the Immigration Judge’s (IJ’s) failure to grant an extension to permit him to apply for relief under former INA § 212(c) (“212(c) relief’) was harmless error. We deny Huynh’s petition and affirm the BIA on all counts.

I.

Aggravated felons are expressly barred from obtaining LPR cancellation. 8 U.S.C. § 1229b(a)(3). The parties agree that Huynh’s 1995 conviction in California for attempted first degree burglary was not an aggravated felony at the time that he pled guilty to that crime. Moreover, Huynh does not challenge the BIA’s determination that his 1995 conviction was subsequently reclassified as an aggravated felony as a result of Congress’ enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208 (IIRIRA). Huynh argues that IIRIRA violated his right to substantive due process when it retroactively reclassified him as an…