Tapia-Paniagua

MEMORANDUM **

Petitioner Francisco Tapia-Panigua, a native and citizen of Mexico, has been a lawful permanent resident of the United States since 1984. In August 1994, petitioner pled guilty to, and was convicted of, possession of a controlled substance for sale under California Health and Safety Code § 11351. In January 2001, while seeking re-entry into the United States from Mexico, petitioner falsely claimed he was a United States citizen. Petitioner was placed in removal proceedings and charged with being removable based on his 1994 conviction and his false claim of being a United States citizen.

Petitioner sought the simultaneous waiver of inadmissibility based on his 1994 conviction pursuant to former § 212(c) of the Immigration and Naturalization Act (“INA”), former 8 U.S.C. § 1182 (c), 1 and pardon for his false claim to citizenship pursuant to § 240A(a) of the INA, 8 U.S.C. § 1229b(a). The Immigration Judge and the Board of Immigration Appeals denied petitioner relief.

Petitioner filed a habeas petition in the District Court for the Southern District of California. The district court denied the petition finding that petitioner was not eli *302 gible for relief under §…