Reyes

MEMORANDUM *

Petitioner Daniel Reyes is a citizen of El Salvador who was admitted to the United States in 1990. In 1994, he pled guilty to a charge of lewd acts upon a child in violation of CahPenal Code § 288(a). The government initiated removal proceedings, and Reyes did not dispute that he was removable for having committed an aggravated felony. He sought relief from removal in the form of a discretionary waiver of inadmissibility under former § 212(c) of the INA, 8 U.S.C. § 1182 (c) (1994) (repealed). The immigration judge (“IJ”) found that Reyes met the statutory prerequisites for the waiver, but that he did not merit the favorable exercise of discretion. The IJ held that Reyes’ conviction was for a “serious crime” and therefore that he had the burden of demonstrating “outstanding and unusual” hardships should he be removed. See Matter of Buscemi, 19 I. & N. Dec. 628, 633 (BIA 1988). The IJ concluded that Reyes failed to meet the heightened standard and therefore denied the waiver. The BIA affirmed.

Reyes timely petitioned for review to this court. His sole substantive contention is that his conviction was not a “serious crime” that merited the heightened “outstanding and…