Lising

MEMORANDUM **

Ramon Ylagan Lising, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s decision denying Lising’s application for a waiver of inadmissibility under section 237(a)(1)(H) of the Immigration and Nationality Act. We have jurisdiction under 8 U.S.C. § 1252 to review the statutory eligibility elements of a waiver of inadmissibility under section 237(a)(1)(H). See San Pedro v. Ashcroft, 395 F.3d 1156, 1157 (9th Cir.2005). Reviewing de novo, Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005), we deny the petition for review.

The agency correctly found Lising to be statutorily ineligible for a waiver of inadmissibility under section 237(a)(1)(H) because he did not have a qualifying relative at the time of the immigration judge’s decision. See Kalezic v. INS, 647 F.2d 920, 922 (9th Cir.1981) (holding that “the critical date [for a waiver of inadmissibility under section 237(a)(1)(H)] is the date of the Immigration Judge’s decision.”). Lising’s contention that he merited relief in the exercise of discretion is unavailing because his inability to…