Marcelino Echeverria-Barboza v. Eric Holder, Jr.

MEMORANDUM

Appellant Marcelino Echeverria-Barbo-za petitions for review of the Board of Immigration Appeals (BIA) order denying him adjustment of status under the Child Status Protection Act (CSPA), Pub.L. No. 107-208, 116 Stat. 927 (2002). We deny the petition.

On July 27, 1992, Echeverria’s father, a lawful permanent resident of the United States, filed an F2A immigrant visa petition on Echeverria’s behalf. See 8 U.S.C. § 1153 (a)(2)(A). When his priority date became current on August 1, 1997, Echev-erría was older than twenty-one and had thus “aged-out” of the F2A preference category. See 8 U.S.C. § 1101 (b)(1) (an F2A beneficiary must be a “child” under age twenty-one). No further petition or application for adjustment of status was filed by Echeverría or his father. Echeverría claims he is nonetheless entitled to protection under the CSPA.

It is undisputed that Echeverría was over age twenty-one at the time his priority date became current and a visa was then available to him. Because he had aged-out of the F2A preference category, he could not claim a visa as an adult beneficiary under his father’s petition. Nor does the CSPA provide Echeverría relief because he sought to…