Olivas-Lara v. Gonzales
This text of 241 F. App'x 434 (Olivas-Lara v. Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Edson Ivan Olivas-Lara (Olivas-Lara) petitions for review of the decision of the Board of Immigration Appeals denying Olivas-Lara’s request for adjustment of status and request for waiver of inadmissibility pursuant to 8 U.S.C. § 1182(h).
Because Olivas-Lara does not have an immediately available visa petition for purposes of adjustment of status, we need not address the other issues raised by OlivasLara on appeal. See 8 U.S.C. § 1255(a)(3) (stating that in order to adjust status, “an immigrant visa [must be] immediately available to him at the time his application [for adjustment of status] is filed”); see also In re Villarreal-Zuniga, 23 I. & N. Dec. 886, 889 (BIA 2006) (reasonably concluding that 8 C.F.R. § 204.2(h)(2) precludes re-use of an approved visa petition).
PETITION 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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241 F. App'x 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olivas-lara-v-gonzales-ca9-2007.