Ramesh Patel v. Eric Holder, Jr.

MEMORANDUM

Ramesh Patel (“Patel”) is a native and citizen of India who is on his second jour ney through the American immigration system. His first journey ended when he withdrew his asylum application and accepted voluntary departure. He now appeals the Board of Immigration Appeals’ (“BIA”) refusal to allow him to adjust his status because he failed to depart during his allotted period. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny his petition for review.

“Where the BIA conducts its own review of the evidence and law, appellate review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.” Chawla v. Holder, 599 F.3d 998, 1000 (9th Cir.2010). The court reviews the BIA’s factual findings for substantial evidence. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009).

If Patel did not depart within the specified period, he is ineligible to adjust his status. 8 U.S.C. § 1229c(d). Patel bears “the burden of proof to establish that ... [he] satisfies the applicable eligibility requirements; and ... that [he] merits a favorable exercise of discretion.” 8 U.S.C. § 1229a(c)(4)(A). Here, Patel offered unverified copies of (1) a…