Juanita Mercurio Calibuso v. Immigration and Naturalization Service

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juanita Mercurio CALIBUSO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70768. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Jan. 19, 1994. Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The parties are familiar with the facts so we need not recite them here. DISCUSSION 3 The BIA was arguably in error when it refused to review the Immigration Judge's ("IJ") decision and held that Mrs. Calibuso was statutorily ineligible for adjustment of status because she did not establish that she was the beneficiary of an approved visa petition. She did not have the immigrant visa available to her because the IJ denied the adjustment of status as a matter of discretion, thus making it unnecessary to decide whether to grant the immigrant visa petition. This circular reasoning would be unsupportable in any event, but the BIA held…