The Board of Immigration Appeals (BIA) ruled yesterday that Immigration Judges no longer have jurisdiction to adjudicate an application submitted by an Arriving Alien seeking adjustment of status under the Cuban Adjustment Act.
There is a limited exception for aliens who have been placed in removal proceedings after returning to the United States pursuant to a grant of advanced parole.
An Arriving Alien is a foreign national permitted to enter the United States whom after inspection at the port of entry has been placed in removal proceedings.
Old law
Matter of Artigas had established the precedent that Immigration Judges have jurisdiction over the adjudication of applications for adjustment of status under the Cuban Adjustment Act.
New law
The long standing precedent of Matter of Artigas is overruled by Matter of Martinez-Montalvo.
The new law results in the curtailment of the power of Immigration Judges to rule on applications for adjustment of status under the Cuban Adjustment Act.