Salazar-Reyes

MEMORANDUM **

Marcos Polo Salazar-Reyes petitions for review of the Board of Immigration Appeal’s (“BIA”) affirmance of an immigration judge’s (“IJ”) decision sustaining his removability due to a 2004 theft conviction and pretermitting his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 , and we grant in part and deny in part the petition for review and remand for further consistent proceedings.

Under 8 C.F.R. § 204.2 (h)(2), an approved visa petition that is subsequently approved again “shall be regarded as a reaffirmation or reinstatement of the validity of the original petition, except ... when an immigrant visa has been issued to the beneficiary as a result of the petition approval.” The BIA reasonably interpreted this provision as preventing Salazar-Reyes from reusing his approved visa petition to apply for adjustment of status, and we defer to the BIA’s precedential, reasonable interpretations of the immigration statutes and regulations. See Garcia-Quintero v. Gonzales, 455 F.3d 1006 , 1011—13 (9th Cir.2006); see also Lal v. INS, 255 F.3d 998, 1004 (9th Cir.2001). Accordingly, the BIA properly affirmed the IJ’s conclusion that Salazar-Reyes…