Esteban Jimenez v. Eric H. Holder Jr.

MEMORANDUM

Esteban Jimenez petitions for review of the Board of Immigration Appeals order dismissing his appeal. The BIA affirmed the immigration judge’s decision that Jimenez was not entitled to consideration of his application for a section 212(c) waiver because Jimenez also required a section 212(h) waiver to maintain his status, and he did not qualify for that waiver. We agree and deny his petition.

Jimenez attained permanent resident status in 1992. He was convicted of drug trafficking in 1995 and perjury in 1997. He does not dispute that drug trafficking is an “aggravated felony,” and perjury is a “crime involving moral turpitude.” A permanent resident convicted of an “aggravated felony” is removable unless he is eligible for an adjustment of status. 8 U.S.C. § 1227 (a)(2)(A)(iii); Judulang v. Holder, — U.S.-, 132 S.Ct. 476, 480-81 , 181 L.Ed.2d 449 (2011). An adjustment of status is unavailable to a permanent resident convicted of a “crime involving moral turpitude” unless he receives a section 212(h) waiver. 8 U.S.C. §§ 1182 (a)(2)(A)(i); 1182(h). Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), a section 212(h) waiver is…