Osborne
Osborne v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Philip Osborne, a native and citizen of England, was convicted in 1991 of possession of methamphetamine for sale and in 2001 of possession of a controlled substance. Based on these convictions, the former Immigration and Naturalization Service sought Osborne’s removal. The Immigration Judge found Osborne removable and the Board of Immigration Appeals (“BIA”) affirmed the decision. We deny Osborne’s petition for review.
Even if Osborne were able to waive his 1991 conviction under former INA § 212(c), it would remain an aggravated felony for purposes of precluding his application for cancellation of removal based on his 2001 conviction. See 8 U.S.C. § 1229b(a)(3); Becker v. Gonzales, 473 F.3d 1000, 1004 (9th Cir.2007).
In re Gabryelsky, 20 I. & N. Dec. 750 (BIA 1993), does not assist Osborne because it concerned different forms of relief under the old INA; regulations expressly permitted those forms of relief to be sought together, id. at 754 , whereas 8 U.S.C. § 1229b(c)(6) prohibits Osborne from applying for both cancellation of removal and 212(c) relief concurrently. See Garcia-Jimenez v. Gonzales, 472 F.3d 679, 681-82 (9th Cir.2007).