Sylvia Masnauskas v. Alberto R. Gonzales, Attorney General

Petitioner Sylvia Masnauskas (“Masnauskas”), a native and citizen of Lithuania, petitions for review of the decision- of the Board of Immigration Appeals (“BIA”) summarily affirming the decision of the Immigration Judge (“IJ”). The IJ denied Masnauskas’ application for derivative adjustment of status and for suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). Masnauskas challenges NACARA on equal protection grounds, arguing that she should be eligible for derivative adjustment of status even though she is a not a national of Nicaragua or Cuba.

We have jurisdiction under 8 U.S.C. § 1252 , as amended by § 106(d) of the REAL ID Act of 2005, Pub.L. No. 109-13, § 106 (d), 119 Stat. 231 , 311 (2005). See Sotelo v. Gonzales, 430 F.3d 968 , 2005 WL 3302264, at *2 (9th Cir. Dee.7, 2005). We reject the equal protection challenge and deny the petition for review.

BACKGROUND

Masnauskas is a 47-year-old native and citizen of Lithuania. She arrived in the United States on December 4, 1991, and filed an application for asylum in 1995. On December 4, 1997, Masnauskas married Patricio Somarriba-Rugama (“Somarriba”), a 39-year-old citizen and…