http://www.justice.gov/eoir/vll/intdec/vol25/3669.pdf
In Matter of Marcal Neto, 25 I&N Dec. 169 (BIA 2010), the BIA today confirmed that Immigration Judge's have jurisdiction over INA 204(j) job flexibility determinations during removal proceedings, for long-delayed adjustment of status applications. This was already the law in the Sixth Circuit, see Matovski v. Gonzales, 492 F.3d 722 (6th Cir. 2007) (http://www.ca6.uscourts.gov/opinions.pdf/07a0219p-06.pdf), but Neto clarifies the standard and procedures to be used in making the 204(j) determination.
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