The court of appeals denied a petition for review. The court held that there exists no statutory waiver of inadmissibility in favor of an alien who has received a state pardon for his crime.
Pedro Aguilera-Montero had a long history of illegal presence in the United States, having been apprehended and deported numerous times. In 2001, Aguilera-Montero applied for adjustment of status to permanent resident due to his marriage to a U.S. citizen. The application was denied for two reasons, one of which was his 1993 guilty plea to unlawful possession of cocaine, which rendered Aguilera-Montero inadmissible for status as a permanent resident. The denial included a notice to appear before an immigration judge for removal proceedings.
