- The Immigration Judge found that they did not have jurisdiction to adjudicate the respondent's application for adjustment of status because the respondent was an arriving alien. - The respondent appealed, arguing that the Immigration Judge erred in finding a lack of jurisdiction. The respondent also filed a motion to remand. - The Board of Immigration Appeals granted the respondent's motion to remand, finding that the Immigration Judge did have jurisdiction. The Board remanded the case back to the Immigration Court for further proceedings.