Valente-Narcizo

MEMORANDUM **

Alfonso Valente-Narcizo appeals the decision of the Board of Immigration Ap *880 peals (BIA) summarily affirming a decision of an Immigration Judge (IJ) finding him ineligible for relief under the former Immigration and Nationality Act (INA) § 212(c), 8 U.S.C. § 1182 (c) (1996). Alternatively, Valente asks this court to find that the government was estopped from instituting removal proceedings against him. We find that both arguments fail and affirm the BIA.

On December 15, 1987, Valente became a lawful temporary resident under the Special Agricultural Workers (SAW) program. See 8 U.S.C. § 1160 . On January 31, 1989, Valente pled guilty to rape by force or fear under California Penal Code § 261(a)(2). After this conviction, on December 1, 1990, Valente’s temporary status was automatically converted into lawful permanent resident status (LPR) under the SAW program’s adjustment provisions. See 8 U.S.C. § 1160 (a)(2). In 1998, based on his rape conviction, the Immigration and Naturalization Service (INS) 1 instituted removal proceedings against Valente.

We have jurisdiction to review Valente’s claims. The REAL ID Act restores this court’s jurisdiction to review…