Jose Manuel Olivares and Balbina Peraza Olivares v. Immigration and Naturalization Service

POOLE, Circuit Judge:

Balbina Olivares (Olivares) petitions under 8 U.S.C. § 1105a(a) for review of the decision of the Board of Immigration Appeals (BIA) affirming an order of deportation against her and her husband. 1 She contends that the immigration judge erred in denying her application for an adjustment of status under section 245 of the Immigration and Naturalization Act (the Act), 8 U.S.C. § 1255(a). We affirm.

FACTS

On October 12, 1979, Olivares and her husband, both natives and citizens of Mexico, were charged with violation of 8 U.S.C. § 1251(a)(2): Olivares for overstaying her…