Luana Saavedra v. ERIC H. HOLDER, JR., Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1296
LUANA SAAVEDRA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: August 30, 2010 Decided: September 10, 2010
Before KING and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Germaine Wright Sobral, MONTAGUT & SOBRAL, P.C., Falls Church,
Virginia, for Petitioner. Tony West, Assistant Attorney
General, Anthony P. Nicastro, Senior Litigation Counsel, Jeffery
R. Leist, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Luana Saavedra, a native and citizen of Peru,
petitions for review of the order of the Board of Immigration
Appeals (“Board”) dismissing her appeal from the immigration
judge’s decision denying her application for adjustment of
status. We deny the petition for review.
An alien’s application for adjustment of status may be
approved if the alien is eligible to receive an immigrant visa
and an immigrant visa is immediately available. See 8 U.S.C.
§ 1255(i)(2) (2006). We conclude the Board properly found that
Saavedra did not have an approved visa petition and was not
eligible for adjustment of status. We have considered
Saavedra’s arguments to the contrary and conclude the arguments
are without merit.
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED

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