Matter of Yauri
**Board denies sua sponte motion to reopen proceedings of an arriving alien seeking adjustment of status where jurisdiction lies with USCIS**
Jurisdiction to adjudicate the Respondent’s adjustment of status application lies with the USCIS because the Respondent is an arriving alien who does not fall within the regulatory exception that would confer jurisdiction over the application on the IJ or the Board. The Respondent’s request to reopen proceedings where she is under a final order of removal so that she can pursue her pending adjustment application with the USCIS is effectively a request to stay her removal order. Because jurisdiction over the adjustment application lies with the USCIS, the Respondent’s stay request should go to DHS. In addition, sua sponte motions will ordinarily not be granted where there is a pending third-party adjudication of an underlying application that is not within the Board’s jurisdiction. The Respondent here presented no exceptional circumstances to persuade the Board to grant her motion. Finally, it is not necessary to grant DHS’s motion to reopen and terminate removal proceedings to allow the Respondent to pursue her application because the USCIS has jurisdiction and has already granted the Respondent LPR status. Reopening is warranted solely for termination of proceedings.
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