Lopez-Torres

MEMORANDUM **

Noe Lopez-Torres (“Lopez”) petitions this court for review of a Board of Immi *980 gration Appeals (“BIA”) decision finding Lopez ineligible for discretionary relief under Immigration and Naturalization Act (“INA”) § 212(c) and adjustment of status under INA § 245. We grant Lopez’s petition -with regard to INA § 212(c) and remand this case so that his application for relief under § 212(c) may proceed. We dismiss Lopez’s petition with regard to INA § 245 as moot.

The government argues we have no jurisdiction to review Lopez’s petition, yet a dispute over an agency’s interpretation of a federal statute raises a colorable question of law that we may review under 8 U.S.C. § 1252 (a)(2)(D). Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005) (Under § 1252(a)(2)(D), “[w]e have jurisdiction to consider [a] question of statutory interpretation.”).

In April 1988, Lopez was granted temporary resident status under the Special Agricultural Workers (“SAW”) statute, INA § 210(a)(1). In May 1990, Lopez pled guilty to two counts of possession of stolen property. In December 1990, notwithstanding his convictions, Lopez was automatically adjusted to permanent legal…