Lopez de Garcia v. Holder

MEMORANDUM **

Maria Dolores Lopez de Garcia petitions for review of the Board of Immigration Appeals’s (“BIA”) order dismissing her appeal and affirming the Immigration Judge’s (“U”) denial of her request for cancellation of removal because she has an aggravated felony conviction.

Petitioner was charged with being removable under INA § 237(a)(l)(E)(i) (codified at 8 U.S.C. § 1227 (a)(l)(E)(i)) for her 1998 conduct in smuggling aliens, and under INA § 237(a)(2)(A)(iii) (codified at 8 U.S.C. § 1227 (a)(2)(A)(iii)) for her 1993 conviction for aiding and abetting in the transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(iii).

Petitioner raises issues of law, over which we have jurisdiction under the REAL ID Act of 2005, 8 U.S.C. § 1252 (a)(2)(D). See Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005), as adopted by, Fernandez-Ruiz v. Gonzales, 466 F.3d 1121, 1124 (9th Cir.2006) (en banc). Petitioner contends she should have been allowed to file an application for a waiver under three provisions: (1) former INA § 212(c), codified at 8 U.S.C. § 1182 (c); (2) INA § 212A(a), codified at 8 U.S.C. § 1229b(a); and (3) INA § 212(h), codified at 8 U.S.C. §…