United States Second Circuit

Petition for review of the BIA's denial of an application for adjustment status is denied where: 1) petitioner failed to exhaust before the agency the issue of his designation as an arriving alien; 2) the IJ lacked jurisdiction to adjudicate petitioner's present application for adjustment of status as it is new and separate from his previously filed application; and 3) petitioner lacked standing to assert his claim that regulations withholding from immigration judges jurisdiction to adjudicate adjustment of status applications are ultra vires.

Appellate Information

• Decided 03/26/2008
• Published 03/26/2008

Judges

• HALL, Circuit Judge:, Before: MINER, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lila Sljivar, Wilens & Baker, P.C., New York, NY, for Petitioner.


• For Appellees:
  
• Jesse M. Bless, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, on the brief), U.S. Department of Justice, Washington, D.C., for Respondent.