Galvez

Galvez v. Ashcroft

Good Law
98 F. App'x 666
United States Court of Appeals for the Ninth CircuitMay 20, 2004No. 02-72810California386 words

Opinion

Lead Opinion

MEMORANDUM *

William Galvez petitions for review of the Board of Immigration Appeal (“BIA”) denial of his motion to reopen/remand. An immigration judge had previously found Galvez removable from the United States for having committed a crime of moral turpitude and for his presence in the country without being admitted or paroled. We review denials of motions to reopen for abuse of discretion, Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.), amended by 339 F.3d 1012 (2003), and claims of due process violations in removal proceedings de novo, Taha v. Ashcroft, 362 F.3d 623, 626 (9th Cir.2004). We deny the petition for review.

Galvez’s claims are dependent on his contention that his admission to the use of various illicit drugs does not render him inadmissible and that he is therefore eligible for adjustment of status to lawful permanent resident. The relevant provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (a)(2)(A)(i)(II), states that “any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of ... a violation of (or a conspiracy or attempt to violate) any law or regulation of a…

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