Buenavista

MEMORANDUM **

Alberto Orfano Buenavista, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for a waiver of removal. To the extent that we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the Id’s discretionary denial of Buenavista’s application for a waiver of removal. See San Pedro v. Ashcroft, 372 F.3d 1118, 1120 (9th Cir.2004).

The IJ did not err by considering entry fraud when adjudicating Buenavista’s waiver request. Cf. INS v. Yueh-Shiao Yang, 519 U.S. 26, 30-31 , 117 S.Ct. 350 , 136 L.Ed.2d 288 (1996) (holding that it is within the BIA’s broad discretion to consider entry fraud in the adjudication of a waiver of removal pursuant to former 8 U.S.C. § 1251 (a)(1)(H)). Moreover, the BIA’s decision, as announced in Matter of Tijam, 22 I. & N. Dec. 408 (BIA 1998), to consider an alien’s initial entry fraud was not an irrational departure from prior policy, but rather “an avowed…