Garcia-Lagarda

Garcia-Lagarda v. Mukasey

Good Law
287 F. App'x 580
United States Court of Appeals for the Ninth CircuitJuly 17, 2008No. 04-70402California280 words

Opinion

Lead Opinion

MEMORANDUM **

Alvino Garcia-Lagarda petitions for review of the decision of the Board of Immigration Appeals (BIA) that he is deportable as an alien who entered the United States without inspection, pursuant to former § 241(a)(1)(B) of the Immigration and Naturalization Act (INA), 8 U.S.C. § 1252 (a)(1)(B), transferred to 8 U.S.C. § 1227 (a)(1)(B), and that he is ineligible for a waiver of deportation under former § 212(c) of the INA, 8 U.S.C. § 1182 (c) (repealed 1996), because he is an alien found deportable for entering the United States without inspection. Garcia-Lagar *581 da argues that the BIA improperly denied § 212(c) relief as he was a permanent legal resident of the United States, and that he was denied an opportunity to prove his status. We deny the petition.

The BIA neither deemed Garcia-Lagarda deportable nor denied him § 212(c) relief on the basis that he is not a permanent legal resident. Rather, the BIA reached both decisions because Garcia-Lagarda entered the country without inspection. He raises no issue with respect to this determination.

To the extent that Garcia-Lagarda suggests that the IJ improperly denied him a continuance, the point is not developed by…

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