NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 17-1586 ___________ ANTONIO SALVATORE GRECO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A024-574-463) Immigration Judge: Honorable Walter A. Durling ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) February 5, 2019 Before: GREENAWAY, JR., RESTREPO and FUENTES, Circuit Judges (Opinion filed: February 20, 2019) ___________ OPINION* ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Pro se petitioner Antonio Greco petitions for review of a final order of removal. For the reasons detailed below, we will dismiss the petition in part and deny it in part. Greco, a native of Italy, entered the United States without inspection in 1980. In 2014, he was charged as removable on the following three grounds: (1) he entered the United States without inspection; (2) he was convicted of a crime involving moral turpitude; and (3) he knowingly made a false claim to U.S. citizenship when he twice applied for and received a United States passport. Greco disputed the third charge, arguing before the Immigration Judge (IJ) that he had been naturalized as a United States citizen. Ultimately, Greco and the Government negotiated a resolution to the three charges—the Government withdrew the false-claim-to-citizenship charge, while Greco conceded that he was not an American citizen and that he was removable on the other two grounds. See A.R. at 837; 8-9. Greco then sought to prevent his removal by applying for an adjustment of status under 8 U.S.C. § 1255 based on his 2015 marriage to an American citizen.1 Greco argued that his removal would cause his wife to endure extreme hardship. After a series of hearings, the IJ denied Greco’s application to waive his 1 Because one of the eligibility requirements for relief under § 1255 is admissibility to the United States, and Greco was inadmissible because of his crime involving moral turpitude, he also sought a waiver of his inadmissibility pursuant to 8 U.S.C. § 1182(h)(1)(B). Section 1182(h)(1)(B) authorizes the Government to waive an alien’s inadmissibility if he proves that his removal would result in an extreme hardship to a qualifying relative. See 8 U.S.C. § 1182(h)(1)(B). 2 inadmissibility under § 1182(h)(1)(B). The IJ began by noting, for the record, that he believed that Greco had not knowingly submitted a false claim for a passport. Nevertheless, the IJ denied Greco’s request for a § 1182 waiver of his criminal history because Greco had not shown that his wife would suffer extreme hardship upon his removal. Greco appealed the IJ’s ruling to the Board of Immigration Appeals (BIA). He argued only one issue—that the IJ erred in determining that his wife would not suffer extreme hardship upon his removal. The BIA dismissed his appeal, adopting the IJ’s conclusion that Greco had not shown that his wife’s difficulties would rise to the ...
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