The Ninth Circuit declined to follow the BIA’s decision in Matter of Yauri, and held that the BIA’s sua sponte authority permits reopening to allow an arriving alien who is under a final order of removal to pursue an adjustment of status application before USCIS.

Home » Immigration Updates » Court Says BIA’s Sua Sponte Authority Permits Reopening to Pursue Adjustment

Court Says BIA’s Sua Sponte Authority Permits Reopening to Pursue Adjustment