Velador-Rivera

Velador-Rivera v. Gonzales

Good Law
203 F. App'x 149
United States Court of Appeals for the Ninth CircuitOctober 18, 2006No. 04-71018California571 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Angel Velador-Rivera (“Vela-dor-Rivera”) seeks review of a final order *150 of removal issued by the Board of Immigration Appeals (BIA). Because the parties are familiar with the facts, we do not recite them here.

The immigration judge was correct to deny Velador-Rivera’s application for adjustment of status under § 245(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255 (a). Section 245(a) authorizes the Attorney General to adjust the status of an alien who was inspected and admitted or paroled into the United States to that of a lawful permanent resident if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. INA § 245(a), 8 U.S.C. § 1255 (a). Here, Velador-Rivera is not admissible to the United States because he entered illegally and without inspection. See INA § 245(a)(2), 8 U.S.C. § 1255 (a)(2). Moreover, Velador-Rivera does not have a visa immediately available to him. Thus, he is statutorily barred from such…

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