The court of appeals dismissed in part a petition for review of a decision of the Board of Immigration Appeals. The court held that an alien was not lawfully admitted for permanent residence, and thus was ineligible for relief from removal, where immigration officials had mistakenly granted him permanent resident status despite his earlier state felony conviction for a controlled substance offense.

Rogelio Avalos Segura (Avalos), a native and citizen of Mexico, received temporary resident status in the United States in 1988. The following year, he pleaded guilty in California state court to felony possession or purchase of a controlled substance.