Antonio Rodriguez-Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Antonio Leonardo Rodriguez-Gutierrez, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of removal of an immigration judge (“IJ”) and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of a motion to remand and review de novo questions of law. Romero-Ruiz v. Muka- sey, 538 F.3d 1057, 1061-62 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The BIA correctly concluded that Rodriguez-Gutierrez was statutorily ineligible for a waiver of inadmissibility under former section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c) (1996) (repealed), because he had never been lawfully admitted for permanent residence in the United States by reason of the fact that he had erroneously acquired permanent residency in 1989 through an amnesty program for which his 1984 felony conviction rendered him statutorily ineligible. See id. § 1255a(a)(4)(B) (excluding from eligibility for adjustment of status through amnesty any alien who has been convicted of…