Dhillon

Dhillon v. Mukasey

Good Law
319 F. App'x 469
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 04-75069California410 words

Opinion

Lead Opinion

*470 MEMORANDUM **

The facts and procedural posture of this case are familiar to the parties and we do not repeat them here. Petitioners appeal the revocation of their grants of asylum. Petitioners argue that (1) the immigration judge (“IJ”) lacked jurisdiction to reopen proceedings because they had adjustment of status applications pending before a Department of Homeland Security (“DHS”) district director and (2) the government did not produce sufficient evidence of fraud to warrant reopening the proceedings.

It is within the province of the IJ to “conduct proceedings for deciding the ... deportability of an alien.” 8 U.S.C. § 1229a(a)(l). Although an IJ has exclusive jurisdiction over an adjustment of status application during removal proceedings, see 8 C.F.R. § 209.2 (c), no regulation or statute similarly grants the director exclusive jurisdiction over such applications filed in the absence of removal proceedings. Indeed, no regulation or statute prohibits an IJ from reopening removal proceedings while an adjustment of status application is pending before a director. The IJ properly exercised jurisdiction in reopening Petitioners’ proceedings.

The government’s motion,…

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