Perez
Perez v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Mario Perez appeals from a Board of Immigration Appeals (“BIA”) final order of removal. Perez argues that he is an “admitted” alien and therefore the BIA unlawfully sustained the charges of inadmissibility under 8 U.S.C. §§ 1182 (a)(2)(A)(i)(D and 1182(a)(6)(A)(i).
To receive an adjustment from temporary resident status to lawful permanent resident, Perez had to establish that he was an admittible alien. See 8 U.S.C § 1255a(b)(l)(C)(i). Because he suffered a *648 felony conviction as well as three misdemeanor convictions in California, his temporary status was properly terminated. See 8 U.S.C. § 1255a(b)(2)(B)(ii); 8 C.F.R. § 245a.2(u)(l)(iii). The regulations provide that the termination of an alien’s temporary resident status acts “to return such alien to the unlawful status held prior to the adjustment, and render him or her amenable to exclusion or deportation proceedings.” 8 C.F.R. § 245a.2(u)(4). As such, the BIA properly sustained the Respondent’s charges of inadmissibility under § 1182. Cf. Perez-Enriquez v. Gonzales, 463 F.3d 1007, 1010-12 (9th Cir.2006) (en banc) (concluding that the admissibility of an alien under the Special Agricultural Worker program…