Brito v. Mukasey, 2d Cir. Mar. 26, 2008
06-3974 Brito v. Mukasey
BEFORE: MINER, SACK, and HALL, Circuit Judges.
Petition for review of a final decision of the Board of Immigration Appeals. Petitioner failed to exhaust the issue of whether he was properly designated an arriving alien and thus we do not reach it. Because Petitioner’s current application for adjustment of status is new and separate from the application he previously filed, the Immigration Judge lacks jurisdiction to adjudicate it. Petitioner lacks standing to argue that regulations withholding from immigration judges jurisdiction to adjudicate adjustment of status applications are ultra vires. Accordingly, the petition is denied. … Brito v. Mukasey
