Polanco-Estrada

MEMORANDUM *

José Polanco-Estrada (“Polanco”) filed a habeas corpus petition under 28 U.S.C. § 2241 in the district court, challenging the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of Polanco’s application for a waiver of deportability under former Immigration and Nationality Act § 212(c). The petition was transferred to this court pursuant to the REAL ID Act of 2005.

Under 8 U.S.C. § 1252 (a)(2)(B), we lack jurisdiction to review the BIA’s denial of discretionary relief. Federal courts are barred from reviewing certain discretionary decisions of the Attorney General and the Secretary of Homeland Security, including the denial of waivers of deportability. 8 U.S.C. § 1252 (a)(2)(B). An exception exists for “review of constitutional claims or questions of law.” 8 U.S.C. § 1252 (a)(2)(D).

*487 Polanco, however, has not presented a colorable legal question. In 1989, Polanco pled guilty in Arizona state court by an “Alford plea” (i.e., while maintaining his innocence) 1 to attempted sexual abuse with a minor under the age of 15 years. Polanco contends that, under Arizona law, an Alford plea allows a defendant to maintain his…