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JIN QING WU v. HOLDER

No. 12-1133.

705 F.3d 1 (2013)

JIN QING WU, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

January 2, 2013.

Attorney(s) appearing for the Case

Brian Shamus O'Donniley and Schiller Law Group PC on brief for petitioner.

Stuart F. Delery , Acting Assistant Attorney General, Civil Division, David V. Bernal , Assistant Director, and Jesse M. Bless , Trial Attorney, Office of Immigration Litigation, Civil Division, on brief for respondent.

Before TORRUELLA, HOWARD and THOMPSON, Circuit Judges.

HOWARD, Circuit Judge.

Jin Qing Wu, a native and citizen of the People's Republic of China, petitions for review of the Board of Immigration Appeals' (BIA) dismissal of his application for adjustment of status. The petition is denied.

I. Background

The United States permits an eligible noncitizen who is not a lawful permanent resident to apply to adjust his status to that of lawful permanent resident. De Acosta v. Holder,

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