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394 F. App'x 982

Saavedra v. Holder

U.S. Courts of Appeals

Decided September 10, 2010

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U.S. Courts of Appeals · decided 2010-09-10

Applies 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Decided 2010-09-10

¶1 Petition denied by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Luana Saavedra, a native and citizen of Peru, petitions for review of the order of the Board of Immigration Appeals (“Board”) dismissing her appeal from the immigration judge’s decision denying her application for adjustment of status. We deny the petition for review.

¶4 An alien’s application for adjustment of status may be approved if the alien is eligible to receive an immigrant visa and an immigrant visa is immediately available. See 8 U.S.C. § 1255(i)(2) (2006). We conclude the Board properly found that Saavedra did not have an approved visa petition and was not eligible for adjustment of status. We have considered Saavedra’s arguments to the contrary and conclude the arguments are without merit.

¶5 Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶6 PETITION DENIED.

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