Ari Kahn v. Eric H. Holder Jr.

MEMORANDUM

Ari Kahn petitions for review of the Board of Immigration Appeals’ decision denying his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

Kahn challenges the BIA’s conclusion that he failed to maintain “a lawful status” for over 180 days. See 8 U.S.C. § 1255 (k). Even if we were to accept Kahn’s arguments that he maintained a lawful status while his application for extension of status was pending and while his application for adjustment of status was pending, he still failed to maintain lawful status for a period exceeding 180 days.

Kahn also argues that the 180-day time limit under § 1255(k) is subject to equitable tolling and should be tolled in his case. Even assuming that Kahn did not waive his equitable tolling argument — and even if we were to accept Kahn’s arguments that the period of failing to maintain lawful status was tolled by Kahn’s filing an application for extension of status, by DHS’s failure to provide Kahn with notice of its decision denying extension, and by Kahn’s applying for adjustment of status — Kahn still failed to maintain a lawful status for a period exceeding 180 days. Remand…