De Acosta v. Holder

HOWARD, Circuit Judge.

Silvia De Acosta, a citizen of Brazil, petitions for review of the denial of her application for adjustment of status. The Immigration Judge (“IJ”) found De Acosta ineligible for adjustment of status under § 245® of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255®, and thus removable. The IJ’s finding rests on two distinct statutory criteria, each of which independently supports a determination of ineligibility: she was not “grandfathered” because she did not file her application for labor certification on or before April 30, 2001, and, furthermore, at the…