J. Jesus Raya-baez, Petitioner, v. United States Immigration and Naturalization Service, Respondent, 972 F.2d 1341 (9th Cir. 1992)

MEMORANDUM^** 

J. Jesus Raya-Baez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order dismissing his appeal from the Immigration Judge's order denying his application for discretionary relief from deportation. Specifically, Raya-Baez maintains that the time he spent in the United States prior to being admitted as a permanent resident should be credited toward the seven years of "lawful unrelinquished domicile" required for relief under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c).¹  We have jurisdiction pursuant to 8 U.S.C. § 1105(a). We deny Raya-Baez's petition for review.

In Castillo-Felix v. INS, we affirmed the Immigration and Naturalization Service's rule of eligibility for section 1182(c) relief. 601 F.2d 459, 467 (9th Cir. 1979). We held that "to be eligible for section 1182(c) relief, aliens must accumulate seven years of lawful unrelinquished domicile after their admission for permanent residence." Id.; see also Avila-Murietta v. INS, 762 F.2d 733, 734 (9th Cir. 1985) ("the seven year period runs from the date when the alien is admitted for permanent residence"). We are bound by the law of the circuit absent en banc review or an intervening Supreme Court decision. Landreth v. Commissioner, 859 F.2d 643, 648 (9th Cir. 1988).

Here, Raya-Baez obtained permanent resident status in 1984 and was convicted of a drug offense in 1989. Thus, Raya-Baez failed to accumulate seven years of lawful unrelinquished domicile after his admission for permanent residency in 1984. Accordingly, he is not eligible for 212(c) relief. See 8 U.S.C. § 1182(c); Castillo-Felix, 601 F.2d at 467; Aviala-Murrieta, 762 F.2d at 734.

PETITION FOR REVIEW DENIED.