[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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Nos. 22-11065 & 22-12599 ____________________

JESUS GABRIEL NAVARRO GUADARRAMA, Petitioner, versus U.S. ATTORNEY GENERAL,

Respondent.

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Petitions for Review of a Decision of the Board of Immigration Appeals Agency Nos. A209-879-709 & A209-879-709 ____________________ USCA11 Case: 22-11065 Document: 43-1 Date Filed: 03/15/2024 Page: 2 of 11

2 Opinion of the Court 22-11065

Before NEWSOM, BRANCH, and LUCK, Circuit Judges. NEWSOM, Circuit Judge: Jesus Gabriel Navarro Guadarrama, a native and citizen of Mexico, petitions for our review of the Board of Immigration Appeals’ dismissal of the appeal of his application for adjustment of status and the Board’s subsequent denial of his motion to reconsider. Navarro Guadarrama contends that the Board erred by applying the incorrect legal standard—as articulated in its own precedent—to the discretionary consideration of his adjustment-of- status application. After careful consideration of the parties’ arguments and with the benefit of oral argument, we hold that we have jurisdiction to consider Navarro Guadarrama’s petitions for review but that the Board did not apply the wrong legal standard. Accordingly, we deny the petitions. I A Navarro Guadarrama entered the United States in 1995 and was thereafter convicted of several crimes. As relevant here, he was convicted of violating Florida state law by (1) possessing 20 grams or less of marijuana in 2005, (2) possessing 20 grams or less of marijuana and drug paraphernalia in 2010, and (3) contributing to the delinquency of a child in 2018. The government initiated removal proceedings against Navarro Guadarrama on various grounds, including that he had been convicted of a controlled-substance offense under 8 U.S.C. USCA11 Case: 22-11065 Document: 43-1 Date Filed: 03/15/2024 Page: 3 of 11

22-11065 Opinion of the Court 3

§ 1182(a). Navarro Guadarrama applied for adjustment of status pursuant to 8 U.S.C. § 1255(i), which permits an alien who is unlawfully in the United States to obtain relief from removal if he meets specified requirements. In conjunction with his adjustment application, Navarro Guadarrama sought a waiver of inadmissibility under 8 U.S.C. § 1182(h), which allows the Attorney General to waive inadmissibility in certain circumstances. Navarro Guadarrama’s marijuana-possession convictions required him to obtain the waiver. An immigration judge found that because Navarro Guadarrama had two marijuana-possession convictions, he was statutorily ineligible for a § 1182(h) waiver, which is available, as relevant here, only when an alien has a single offense for possession of 30 grams or less of marijuana. Navarro Guadarrama sought review of the IJ’s decision before the Board, which dismissed his appeal and held that his two marijuana-possession convictions rendered him ineligible for a waiver.