Petition for Review under 8 U.S.C. § 1252(a)(1). The Court held that the BIA erred in determining whether the noncitizen was eligible as a derivative beneficiary for adjustment of status under INA § 245(i). The BIA also abused its discretion in alternatively denying the noncitizen's motion to reopen based on the noncitizen's asserted failure to “fully address his criminal record.”
The court provided no explanation for denying DHS' motion to send the case to mediation or for granting an award of fees.