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DACOSTA v. GONZALES

No. 05-1438.

449 F.3d 45 (2006)

Sandra H. DACOSTA, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided May 24, 2006.

Attorney(s) appearing for the Case

Jose A. Vazquez on brief for petitioner.

Peter D. Keisler, Assistant Attorney General, Anthony W. Norwood, Senior Litigation Counsel, and Terri J. Scadron, Assistant Director, Office of Immigration Litigation, Civil Division, on brief for respondent.

Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

Sandra DaCosta, a native and citizen of Brazil, petitions for review of a decision of the Board of Immigration Appeals (BIA). The BIA found DaCosta statutorily ineligible for adjustment of status and ordered her removed from the United States. We deny the petition.

DaCosta failed to depart the United States when her six-month tourist visa expired in May 1994. Over two years later, she filed an application for political asylum and withholding...

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