Guillermo Lopez v. Loretta E. Lynch

MEMORANDUM

Guillermo Delgado Lopez petitions for review of a Board of Immigration Appeals (BIA) decision affirming the denial of his application for adjustment of status and denying his motion to remand. We deny the petition.

1. On appeal to the BIA, Lopez claimed for the first time that he was “waved” into the United States at a port of entry, which would qualify as an “inspection] and admission]” for the purposes of adjustment of status under 8 U.S.C. § 1255 (a). See Matter of Quilantan, 25 I. & N. Dec. 285, 293 (B.I.A.2010). No evidence in the record supports this assertion. “[Unsupported assertions” by counsel are not evidence. See INS v. Phinpathya, 464 U.S. 183 , 188-89 n. 6, 104 S.Ct. 584 , 78 L.Ed.2d 401 (1984). Substantial evidence supports the BIA’s denial of Lopez’s motion to remand his case to immigration court for renewal of his application for adjustment of status.

2. Lopez also argues that his receipt of benefits under the Family Unity Program (FUP), see Immigration Act of 1990, Pub.L. No. 101-649, § 301 , 104 Stat. 4978 , 5029-30, constitutes an “inspection] and admi[ssion]” under 8 U.S.C. § 1255 (a). He relies primarily on our court’s decision in…