Jaimes-Fuentes

MEMORANDUM *

Petitioner Abraham Jaimes-Fuentes appeals the decision of the Board of Immi *470 gration Appeals affirming the Immigration Judge’s (“IJ”) denial of his application for adjustment of status and his request for cancellation of removal. He also requests an extension of his period for voluntary departure.

The IJ concluded that Petitioner was “in a sense” a public charge because of the back taxes he owed. The IJ appears to have disregarded 8 U.S.C. § 1182 (a)(4)(B), which enumerates five factors that an IJ “shall at a minimum consider” in making a public charge determination, in reaching this conclusion. Likewise, the IJ may have disregarded 8 C.F.R. § 245a.3(g)(4)(i), which states that public charge determinations are to be made by looking at the “totality of the alien’s circumstances,” and that the “existence or absence of a particular factor should never be the sole criteria for determining if an alien is likely to become a public charge.” However, any legal error by the IJ in this respect was harmless.

An alien in Petitioner’s situation “who seeks admission or adjustment of status” is inadmissible as an alien likely to become a public charge unless “the person…