Zurita-Vasquez

ORDER AND MEMORANDUM ***

Daniel Zurita-Vasquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Zurita-Vasquez conceded below, and the IJ found, that a 2002 forgery conviction renders him removable as an aggravated felon pursuant to INA § 101(a)(43)(R). The IJ further found Zurita-Vasquez ineligible 'for any form of discretionary relief.

1. We have jurisdiction to review a finding of statutory ineligibility for discretionary relief, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005), but Zurita-Vas *221 quez is not eligible for any of the discretionary relief he seeks. His argument that he is eligible to apply for cancellation of removal is unavailing, as the statute plainly excludes aliens who have been “convicted of any aggravated felony.” INA § 240A(a)(3). His argument that he is eligible to apply for a waiver under former INA § 212(c) for a 1991 conviction also fails, as the 1991 conviction was not the ground on which he was found removable.

2. Zurita-Vasquez also challenges the IJ’s failure to grant a continuance so that he could file a motion in…