Ituarte-Olivas v. Holder

435 F. App'x 614

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 1, 2011
• Docket: 07-73344
• Status: Unpublished

Opinion

MEMORANDUM **

Jose Gonzalo Ituarte-Olivas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for adjustment of status pursuant to the Child Status Protection Act (“CSPA”). We review de novo legal questions. Padash v. INS, 358 F.3d 1161, 1168 (9th Cir.2004). We deny the petition for review.

The agency did not err in denying Ituarte-Olivas’ application for adjustment of status because Ituarte-Olivas did not demonstrate that he was eligible to adjust status under the CSPA where he failed to apply for adjustment of status within one year of when his priority date became current. See 8 U.S.C. § 1153(h)(l)(A)-(B); see also Padash, 358 F.3d at 1167-68.

This decision is without prejudice to Ituarte-Olivas’ ability to seek adjustment as an adult child of a lawful permanent resident.

PETITION FOR REVIEW DENIED.

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