Lakhwir Singh v. Eric Holder, Jr.

MEMORANDUM

Petitioner Lakhwir Singh challenges the BIA’s decisions to reopen his proceedings and terminate his grant of asylum, and to deny his motion to remand to the IJ so that he could seek adjustment of status. We review the BIA’s decisions on motions to reopen and remand for abuse of discretion. Hern andez-Velasquez v. Holder, 611 F.3d 1073, 1077 (9th Cir.2010). We dismiss the petition.

Petitioner argues that the BIA abused its discretion when it granted the government’s motion to reopen his proceedings and terminate his grant of asylum. Because Petitioner did not oppose the government’s motion to reopen during BIA proceedings, this court lacks jurisdiction over this unexhausted argument. Arsdi v. Holder, 659 F.3d 925, 930 (9th Cir.2011).

Petitioner also contends that the BIA abused its discretion when it denied his motion to remand to the IJ so that he could seek to adjust his status. This issue is moot. Congress entrusted the power to adjust an arriving alien’s status to USCIS. 8 C.F.R. § 1245.2 (a)(1)(h); Mamigonian v. Biggs, 710 F.3d 936, 945 (9th Cir.2013). After the BIA denied his motion to remand, Petitioner applied to USCIS for adjustment of status, and USCIS…