U.S. Court of Appeals for the Ninth Circuit, 2010

Bautista Palacios v. Holder

Bautista Palacios v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 650

Bautista Palacios v. Holder

Opinion

MEMORANDUM **

Mirna Catalina Bautista Palacios, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, *651 Mohammed, v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), we deny the petition for review.

The BIA did not abuse its discretion in denying Bautista Palacios’ motion to reopen because an immigrant visa was not immediately available to her. See 8 U.S.C. § 1255(a) (stating that “an immigrant visa [must be] immediately available to the alien at the time the application [for adjustment of status] is filed”).

PETITION FOR REVIEW DENIED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.