Jia-Jian Jiang v. Alberto R. Gonzales, Attorney General

Petitioner Jia-Jian Jiang seeks review of the Board of Immigration Appeals’s (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) decision to deny his request to renew during removal proceedings a previously denied application for adjustment of status under the Chinese Student Protection Act of 1992 (“CSPA”). The IJ denied Jiang’s request on the ground that he did not meet the eligibility requirements to renew his application under 8 C.F.R. § 1245.2 , and therefore, she lacked jurisdiction to grant the request. Jiang argues alternatively that (1) he did meet eligibility requirements under 8 C.F.R. § 1245.2 ; (2) the requirements violate the Immigration and Nationality Act (“INA”); (3) the CSPA dispenses with the eligibility requirements under 8 C.F.R. § 1245.2 (a)(1); (4) the BIA’s summary af-firmance process violated his statutory right to an administrative appeal; and, (5) the BIA’s summary affirmance in this case was improper because he raised non-frivolous novel legal issues. We deny Jiang’s petition for review.

I

Jiang is an adult male and native of the People’s Republic of China (“PRC”). On November 10, 1989, Jiang entered the United States at Miami on an…