Baria

Rodolfo Monroy Baria appeals the judgment of the district court affirming the decision of the Board of Immigration Appeals (the Board) to rescind his status as a lawful permanent resident. We affirm the judgment of the district court, publishing this opinion in order to clarify the relationship between a motion to reopen before the Board and the jurisdiction of the district court.

FACTS AND PROCEEDINGS

Baria, a native and citizen of the Philippines and a traveling musician, entered the United States in June 1984 as a visitor authorized to remain until June 13, 1985. Two months after his arrival, he filed for divorce in Nevada. In December 1984 he began living in Hawaii with a United States citizen, Bibiana Patoc. Two weeks after his divorce became final, he married her; it was a day after the expiration of his visitor’s visa. On September 20, 1985 on Bibiana’s application, his status was adjusted to that of a lawful permanent resident.

A little over a year later, in November 1986, the couple separated. Bibiana contacted the Immigration and Naturalization Service (the Service). On January 28, 1988, the Service issued a notice of intent to rescind Baria’s adjusted status because…