Pastor
Pastor v. Mukasey
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Francisco Pastor-Camarena (“Pastor”) was convicted in 1985 of violating Washington Revised Code § 69.50.401(a)(l)(i) for unlawful possession of heroin with intent to deliver. After he was deported in 1985, Pastor re-entered the United States illegally in 1987 and began using the identity of Antonio Maris-cal. Pastor fraudulently applied for legal resident status under the Special Agricultural Worker (“SAW”) program using Mariscal’s identity. The Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge’s (“IJ”) conclusion that because Pastor was inadmissible upon his second entry, and obtained his legal status through fraudulent means, he was deportable as inadmissible and for having a prior drug trafficking conviction. Pastor petitions for review, arguing that he is entitled to the relief available to lawful permanent residents because he obtained that status automatically under the SAW program, and that he was eligible for cancellation of removal and other forms of relief even though he did not request such relief before the IJ or the BIA. We deny the petition in part and dismiss the petition in part.