Bariso v. Holder

328 F. App'x 540

Opinion

MEMORANDUM **

Danilo Basmayor Bariso, a native and citizen of the Philippines, petitions for re view of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“I J”) decision denying Bariso’s application for a waiver of inadmissibility under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H). We have jurisdiction under 8 U.S.C. § 1252 to review the statutory eligibility elements of a waiver of inadmissibility under section 237(a)(1)(H). See San Pedro v. Ashcroft, 395 F.3d 1156, 1157 (9th Cir.2005). We review de novo questions of law, Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005), and we deny the petition for review.

The IJ correctly concluded that Bariso was ineligible for a waiver of inadmissibility because he did not have a qualifying relative at the time of the IJ’s decision. See Kalezic v. INS, 647 F.2d 920, 922 (9th Cir.1981) (“[T]he critical date in applying [section 237(a)(1)(H) ] is the date of the Immigration Judge’s decision.”). Bariso’s contention that his sisters should be considered qualifying relatives is not persuasive.

PETITION FOR REVIEW DENIED.

Footnotes

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This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.