Hernandez v. Ashcroft

Full title: Francisco Humberto HERNANDEZ, aka Francisco Humbert Hernandez, Petitioner…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 17, 2003

62 F. App'x 808 (9th Cir. 2003)

Opinion

62 Fed.Appx. 808 (9th Cir. 2003) Francisco Humberto HERNANDEZ, aka Francisco Humbert Hernandez, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-71482. INS No. A93-242-016. United States Court of Appeals, Ninth Circuit. April 17, 2003

Submitted April 7, 2003. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien petitioned for review of the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge's denial of his motion to terminate removal proceedings. The Court of Appeals held that because alien was "lawfully admitted" as a legal permanent resident through adjustment of status before he was convicted of an aggravated felony, he was removable as an alien convicted of an aggravated felony at any time after admission.

Petition dismissed.

Page 809.

On Petition for Review of an Order of the Board of Immigration Appeals.

Before RYMER, KLEINFELD, and FISHER, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Francisco Humberto Hernandez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals ("BIA") affirming the immigration judge's denial of his motion to terminate removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. See Ocampo-Duran v. Ashcroft, 254 F.3d 1133, 1134 (9th Cir.2001) (noting that "[w]e retain jurisdiction to determine our own jurisdiction"). We review de novo, Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir.2002), and we dismiss the petition.

Hernandez contends that he is not removable under 8 U.S.C. § 1227(a)(2)(A)(iii) as an alien convicted of an aggravated felony at any time after "admission," because he entered the United States without inspection, and then adjusted to lawful permanent resident status under the Special Agricultural Worker program. We disagree. Because Hernandez was "lawfully admitted" as a legal permanent resident through adjustment of status before he was convicted of an aggravated felony, the BIA correctly denied Hernandez's request to terminate removal proceedings. See Ocampo-Duran, 254 F.3d at 1134-35. We dismiss the petition for lack of jurisdiction. See id. at 1135.

PETITION DISMISSED.