Garcia-Garcia
Garcia-Garcia v. Mukasey
Opinion
Lead Opinion
MEMORANDUM *
Jesus Garcia-Garcia petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming his order of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and deny in part, and remand in part.
I.
We first conclude that, contrary to Garcia-Garcia’s contention, his adjustment to lawful permanent resident status under the special agricultural worker (“SAW”) provision codified at 8 U.S.C. § 1160 (a)(2) did not preclude the Immigration and Naturalization Service from instituting deportation proceedings against him on the basis of his pre-adjustment firearms conviction. See Perez-Enriquez v. Gonzales, 463 F.3d 1007, 1010-11 (9th Cir.2006) (en banc).
II.
Garcia-Garcia further contends that, because permanent residents who adjust under the general adjustment provisions codified at 8 U.S.C. § 1255 may not be found removable on the basis of their pre-adjustment firearms offenses, see Matter of Rainford, 20 I. & N. Dec. 598, 602 (BIA 1992), allowing permanent residents who adjust under SAW to be found deportable on the basis of the same offenses violates Garcia-Garcia’s Equal Protection rights.