Gonzalez

MEMORANDUM ***

I.

Pantaleon Jauregui Gonzalez (“Mr. Jauregui”) appeals from an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen. He argues that the BIA abused its discretion because he was entitled to an adjustment of status pursuant to 8 U.S.C. § 1255 (i). More specifically, he contends: (1) that even though his visa petition was filed after the statutory deadline of April 30, 2001, see 8 U.S.C. § 1255 (i)(l)(B)(i), it should nevertheless be deemed timely because he is entitled to transfer his wife’s Western Hemisphere priority date of 1968, based upon her father’s admission to United States prior to her birth in 1968; and (2) a visa is “immediately available,” 8 U.S.C. § 1255 (i)(2)(B), because the State Department would give his visa petition precedence as a result of the priority date.

1. Even if Mr. Jauregui’s wife was entitled to a 1968 priority date — an issue we need not decide — it would not be transferable to Mr. Jauregui, see 22 C.F.R. § 42.53 ; 9 Department of State Foreign Affairs Manual 42.53 n.4.3 (“There is no cross-chargeability for Western Hemisphere priority dates. Thus, if a derivative spouse [i.e. Mr. Jauregui’s wife] is…