Leitao

MEMORANDUM **

Esdras Othon Leitao, a native and citizen of Brazil, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carache v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review de novo claims of constitutional violations, Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001), and questions of law, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002). We dismiss in part, and deny in part, the petition for review.

Leitao’s contention that the BIA’s streamlining regulations violate his due process rights is foreclosed by Falcon Carriche, 350 F.3d at 851 .

The IJ correctly determined that Leitao was ineligible for adjustment of status because there is no evidence in the record that a second 1-130 visa petition was filed on Leitao’s behalf, despite the fact that the IJ continued Leitao’s removal proceedings for more than a year to allow him the opportunity to have such a petition filed. See 8. C.F.R.…