Noe Ortega-Ortega v. Loretta E. Lynch

MEMORANDUM

Noe Ortega-Ortega (Ortega), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of his second application for adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

The BIA did not err in upholding the IJ’s denial of Ortega’s second application for adjustment of status and dismissing Ortega’s appeal. First, the BIA correctly found that Ortega failed to show that a visa was “immediately available” to him at the time he filed his application. See 8 U.S.C. § 1255 (i)(2) (an applicant’s status may be adjusted when, inter alia, “an immigrant visa is immediately available ... at the time the application is filed”). Although a 2A-preference visa was immediately available to Ortega, Ortega was no longer eligible for it because he had aged-out of that category when he filed his second application for adjustment of status.

The BIA properly concluded, that the Child Status Protection Act (“CSPA”) did not provide relief to Ortega because he failed to file his adjustment of status application within one year of the date his…