Castro

MEMORANDUM **

Giovani Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s decision finding him removable, inadmissible, and ineligible for adjustment of status for committing a controlled substance offense in violation of 8 U.S.C. § 1182 (a)(2)(A)(i)(II), and for being present without inspection in violation of 8 U.S.C. § 1182 (a)(6)(A)(i). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

First, we deny the government’s motion to dismiss the petition for lack of jurisdiction because Castro did not appeal the BIA’s determination that he was inadmissible and removable under 8 U.S.C. § 1182 (a) (6) (A) (i). Castro’s presence in the United States without admission does not render him ineligible for adjustment of status under 8 U.S.C. § 1255 (i), given that Castro has an approved 1130 visa petition filed by his U.S. citizen wife.

However, Castro’s conviction by plea for “trans cocaine” in violation of California Health and Safety Code § 11352(a), a felony, satisfies the requirements of 8 U.S.C. § 1182 (a)(2)(A)(i)(II), rendering Castro removable,…