Remigio M. De Los Santos v. Immigration and Naturalization Service

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Remigio M. DE LOS SANTOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70129. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1996. Decided July 1, 1996. 1 Before: SCHROEDER and HAWKINS, Circuit Judges, and FITZGERALD, * District Judge. 2 MEMORANDUM ** 3 Petitioner Remigio De Los Santos, a native and citizen of the Philippines, petitions this court for review of the BIA's decision affirming the IJ's denial of his application for adjustment of status under INA § 245(a), 8 U.S.C. § 1255 (a). We deny his petition. 4 Under § 245(a), the Attorney General has discretion, under certain enumerated conditions, to adjust the status of an alien to that of lawful permanent resident. The petitioner carries the burden of demonstrating statutory eligibility, and entitlement to a favorable exercise of discretion. Rashtabadi v. INS, 23 F.3d 1562, 1568 (9th…