United States First Circuit

Brazilian native's petition for review of a denial of her application for adjustment of status is denied where: 1) an IJ properly found her inadmissible based on a statutory provision requiring that an applicant have a visa immediately available; and 2) additionally, the IJ's alternative ruling denying her adjustment of status based on the "priority date" rather than the dates she offered was supported by substantial evidence.

Appellate Information

• Decided 02/12/2009
• Published 02/12/2009

Judges

• HOWARD, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William P. Joyce and Joyce & Associates P.C., for petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Mark C. Walters, Assistant Director, Office of Immigration Litigation, and Joanne E. Johnson, Attorney, United Immigration Division, on brief for respondent.