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

Roselle Virtucio v. Eric H. Holder Jr.

Roselle Virtucio v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 1, 2010 · Silverman, Callahan, Smith
398 F. App'x 242

Roselle Virtucio v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Roselle Tapere Virtucio, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for adjustment of status. We have *243 jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Cerezo v. Mukasey, 512 F.Sd 1163, 1166 (9th Cir. 2008), we deny the petition for review.

The agency properly denied Virtucio’s application for adjustment of status because she failed to establish eligibility to adjust. See 8 U.S.C. § 1255(c)(7) (an applicant for adjustment of status based on employment must maintain lawful nonimmigrant status at the time she applies for adjustment).

Virtucio’s remaining contentions are unavailing.

PETITION FOR REVIEW 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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