Opinion
No. 08-75206.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 1, 2010.
Christopher Allan Reed, Esquire, Law Offices of Brian D. Lerner, Long Beach, CA, for Petitioner.
Lynda Do, OIL, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A096-158-598.
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Cerezo v. Mukasey, 512 F.3d 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.