Matter of Villalobos, 26 I&N Dec. 719 (BIA 2016)
The BIA has jurisdiction to decide whether a respondent is removable under section 237(a)(1)(A) of the Act as an alien who was inadmissible at the time he adjusted status under section 245A(b)(1) of the Act. The provisions of 245A make clear that an applicant must establish admissibility, not only to initially become a temporary resident, but also to adjust status to that of a permanent resident. An alien who was inadmissible at the time he was granted adjustment of status under section 245(A)(b)(1) is ineligible for 212(c) relief because he or she has not been lawfully admitted for permanent residence.
The BIA has jurisdiction to decide whether a respondent is removable under section 237(a)(1)(A) of the Act as an alien who was inadmissible at the time he adjusted status under section 245A(b)(1) of the Act. The provisions of 245A make clear that an applicant must establish admissibility, not only to initially become a temporary resident, but also to adjust status to that of a permanent resident. An alien who was inadmissible at the time he was granted adjustment of status under section 245(A)(b)(1) is ineligible for 212(c) relief because he or she has not been lawfully admitted for permanent residence.
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