U.S. Court of Appeals for the Ninth Circuit, 2007

Olivas-Lara v. Gonzales

U.S. Court of Appeals for the Ninth Circuit · Decided July 24, 2007 · King, Rawlinson, Trott

241 F. App'x 434

Counsel

Antonio M. Zaldana, Esq., Law Office of Antonio M. Zaldana, Los Angeles, CA, for Petitioner., CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Russell J.E. Verby, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, John C. O’Quinn, Esq., U.S. Department of Justice, Office of the Associate Attorney General, Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Edson Ivan Olivas-Lara (Olivas-Lara) petitions for review of the decision of the Board of Immigration Appeals denying Olivas-Lara’s request for adjustment of status and request for waiver of inadmissibility pursuant to 8 U.S.C. § 1182(h).

Because Olivas-Lara does not have an immediately available visa petition for purposes of adjustment of status, we need not address the other issues raised by OlivasLara on appeal. See 8 U.S.C. § 1255(a)(3) (stating that in order to adjust status, “an immigrant visa [must be] immediately available to him at the time his application [for adjustment of status] is filed”); see also In re Villarreal-Zuniga, 23 I. & N. Dec. 886, 889 (BIA 2006) (reasonably concluding that 8 C.F.R. § 204.2(h)(2) precludes re-use of an approved visa petition).

PETITION DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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