Roselle Tapere Virtucio v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSELLE TAPERE VIRTUCIO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-75206
Agency No. A096-158-598
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Roselle Tapere Virtucio, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for adjustment of status. We
have jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law,
FILED
OCT 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-75206 2
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), we deny the petition for
review.
The agency properly denied Virtucio’s application for adjustment of status
because she failed to establish eligibility to adjust. See 8 U.S.C. § 1255(c)(7) (an
applicant for adjustment of status based on employment must maintain lawful
nonimmigrant status at the time she applies for adjustment).
Virtucio’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --