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Federal Courts -
4th Circuit Court of Appeals - February 22, 2007
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Perez-Vargas v. Gonzales, No. 05-2313,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 22, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1154(j), jurisdiction over an alien's application for adjustment of status, which was vested in IJ, necessarily encompassed jurisdiction to make factual findings pursuant to § 1154(j); thus, where BIA held that IJ lacked jurisdiction to consider validity of alien's approved visa petition, BIA's decision was vacated and remanded.
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