Nanh Vongsayadeth v. Eric Holder, Jr.

MEMORANDUM

Nanh Vongsayadeth appeals from the Board of Immigration Appeals’ (“BIA”) decision denying her application for adjustment of status. The BIA found that Vong-sayadeth was eligible for adjustment of status under 8 U.S.C. § 1255 , but denied adjustment as a matter of discretion. Under 8 U.S.C. § 1252 (a)(2)(B)(i), we lack jurisdiction to review a discretionary denial of adjustment of status.

In general, “the decision to deny [an] application for adjustment of status is a discretionary determination, and is therefore unreviewable.” Bazua-Cota v. Gonzales, 466 F.3d 747, 748 (9th Cir.2006) (per curiam) (citing 8 U.S.C. § 1252 (a)(2)(B)(I)). While “[t]his court retains jurisdiction over petitions for review that raise colorable constitutional claims or questions of law,” a petitioner may not attack a discretionary decision simply by phrasing her arguments as a legal challenge. Id. at 748-49 . Vongsayadeth challenges only the BIA’s determination that her testimony was not credible. A credibility determination is a finding of fact, Rizk v. Holder, 629 F.3d 1083, 1087 (9th Cir.2011), and “courts lack jurisdiction to review factual determinations underlying adjustment-of-status…