Kufeji v. Holder

FILED
NOT FOR PUBLICATION JUN 11 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TOKUNBO KUFEJI, No. 07-72622
Petitioner, Agency No. A077-358-663
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Tokunbo Kufeji, a native and citizen of Nigeria, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for adjustment of status. We
*
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).
have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), as well as claims of due
process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny
the petition for review.
The agency properly denied Kufeji’s application for adjustment of status
where he failed to show eligibility for an immigrant visa. See 8 C.F.R. § 1245.1(a)
(applicants for adjustment of status must show they are eligible to receive an
immigrant visa). Kufeji’s due process claim therefore fails. See Lata v. INS, 204
F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process
challenge).
PETITION FOR REVIEW DENIED.
2 07-72622