Rais v. Holder, No. 13-3639 (6th Cir. 2014)Annotate this Case
Rais, born in Pakistan in 1975, entered the U.S. in 2002 to attend school, married a citizen, and applied for adjustment of status to lawful permanent residency. He was convicted of domestic violence against his wife, in 2002, and was granted advance parole, allowing him to leave the U.S. without abandoning his application for adjustment of status. He was paroled back into this country in 2003. In 2004, his application for adjustment of status was denied. Rais married another U.S. citizen in 2005, and again applied for adjustment of status. That application was denied in 2009 because of the domestic violence conviction. An IJ ordered his removal, determining that she lacked jurisdiction to grant adjustment of status under 8 U.S.C. 1255. The BIA affirmed. Rais twice moved to reopen removal proceedings, requesting that proceedings be suspended while the U.S. Citizenship and Immigration Services adjudicates his application for adjustment of status. The BIA denied the first motion on the merits and refused to exercise its sua sponte authority to grant the second, which was untimely and number-barred. Rais sought review of the second denial. The Sixth Circuit dismissed the petition for want of jurisdiction to review the BIA’s decision to refrain from exercising its authority.