Dave v. Holder

U.S. Court of Appeals for the Ninth Circuit
Dave v. Holder, 456 F. App'x 666 (9th Cir. 2011)

Dave v. Holder

Opinion

MEMORANDUM ***

Nimish Shirish Dave and Jui Rohit Patel, 1 citizens of Canada, petition for review of the Board of Immigration Appeals’ denial of their motion to reopen to consider an application for adjustment of status, 2 and their motion to reconsider that denial. 3 We deny the petitions.

Dave asserts that the BIA erred when it determined that he had not made out a prima facie case for adjustment of status pursuant to 8 U.S.C. § 1255(i)(l), (2). We disagree. Dave failed to present sufficient evidence that he had an approved labor certification. See 8 U.S.C. § 1182(a)(5)(A). Absent that, Dave could not spell out a prima facie case for relief because he needed that in order to obtain an immigrant visa, 4 which he, in turn, needed to obtain adjustment of status. 5 The BIA did not abuse its discretion. See Edu v. Holder, 624 F.3d 1137, 1142 n. 4 (9th Cir. 2010); Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir. 2007); see also INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 725, 116 L.Ed.2d 823 (1992).

Petitions DENIED.

***

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

1

.While Patel filed a separate appeal, no separate arguments are made on her behalf. Thus, we treat her position here as derivative of Dave’s and will not refer to her separately. See 8 U.S.C. § 1153(d).

2

. See 8 U.S.C. § 1229a(c)(7)(B).

3

. See 8 U.S.C. § 1229a(c)(6)(C).

4

. 8 U.S.C. § 1153(b)(3)(C).

5

. 8 U.S.C. § 1255(i)(2)(A).

Reference

Full Case Name
Nimish Shirish DAVE; Jui Rohit Patel, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent; Nimish Shirish Dave; Jui Rohit Patel, Petitioners, v. Eric H. Holder Jr., Attorney General, Respondent
Status
Unpublished