Richards-Diaz
Richards-Diaz v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Mario Alberto Richards-Diaz petitions for review of the Board of Immigration Appeals’ affirmance of the Immigration Judge’s denial of his applications for a waiver of deportation under 8 U.S.C. *11 § 1182 (c), and cancellation of removal under 8 U.S.C. § 1229b. This court has jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) and we deny his petition for review.
Even if Richards-Diaz is eligible for a discretionary waiver for his 1996 offense, he is still removable because he is ineligible for a discretionary waiver for his 1997 offense or for cancellation of removal. Richards-Diaz does not qualify for a discretionary waiver for his 1997 offense because he was convicted of being under the influence of methamphetamine after the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) § 440(d) went into effect. 1 Under AEDPA as it existed then, aliens convicted of certain enumerated offenses, including drug-related crimes, were not eligible for discretionary waivers. 2 Therefore, the Immigration Judge properly concluded that Richards-Diaz was ineligible for a discretionary waiver of deportation for his 1997 offense.