Tomeh

MEMORANDUM **

Yasaman Ale Tomeh appeals the District Court’s order granting summary judgment to the United States Department of Homeland Security, Citizenship and Immigration Services (“CIS”) in her action for declaratory relief and judicial review. CIS denied Tomeh’s application to change her non-immigrant status from a B-2 tourist to an F-l student on the grounds that Tomeh failed to maintain a valid non-immigrant status as required under the applicable statute and regulations. See 8 U.S.C. § 1258 ; 8 C.F.R. 248.1(b). We affirm.

Federal immigration law provides that the Secretary of Homeland Security may authorize a change from one non-immigrant classification to another nonimmi-grant classification for “any alien lawfully admitted to the United States as a non-immigrant who is continuing to maintain that status and who is not inadmissible under [applicable provisions].” 8 U.S.C. § 1258 (a). The corresponding federal regulation provides that a non-immigrant alien “who is continuing to maintain his or her non-immigrant status, may apply to have his or her non-immigrant classification changed to any non-immigrant classification ....” 8 C.F.R. § 248.1 (a). The regulations further…