Mirna Catalina Bautista Palacios 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NOT FOR PUBLICATION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
MIRNA CATALINA BAUTISTA
PALACIOS,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73545
Agency No. A095-598-739
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Mirna Catalina Bautista Palacios, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to reopen to apply for adjustment of status. We have jurisdiction under 8
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73545 2
U.S.C. § 1252. Reviewing for abuse of discretion, Mohammed v. Gonzales, 400
F.3d 785, 791 (9th Cir. 2005), we deny the petition for review.
The BIA did not abuse its discretion in denying Bautista Palacios’ motion to
reopen because an immigrant visa was not immediately available to her. See 8
U.S.C. § 1255(a) (stating that “an immigrant visa [must be] immediately available
to the alien at the time the application [for adjustment of status] is filed”).
PETITION FOR REVIEW DENIED.

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