Aguilar-Navarrete

MEMORANDUM

We defer to an agency’s permissible interpretation of a statute. Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 843 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984); Contract Mgmt., Inc. v. Rumsfeld, 434 F.3d 1145 , 1147 (9th Cir.2006). Congress gave the Attorney General authority to adjust the status of admitted and paroled aliens. 8 U.S.C. § 1255 (a). The promulgation of 8 C.F.R. §§ 245.2 and 1245.2, delegating exclusive jurisdiction over the applications for adjustment of status by arriving aliens to the United States Citizenship and Immigration Services, is a permissible construction of statutory authority. See Scheerer v. U.S. Att’y Gen., 513 F.3d 1244, 1251 (11th Cir.2008). Moreover, the amended regulations at 8 C.F.R. §§ 245.2 and 1245.2 allow arriving aliens to apply for adjustment of status before the USCIS. They do not eliminate “statutory eligibility for such relief.” Bona v. Gonzales, 425 F.3d 663, 670 (9th Cir.2005).

Aguilar contends that the Board of Immigration Appeals violated his due process rights when it denied his request to remand his case to the Immigration Judge, where he could request procedural relief from removal orders while…