Kuppusamy v. Holder, No. 10-3011 (6th Cir. Sept. 9, 2011) (unpublished)
The court affirmed the removal of this employment-based adjustment of status applicant.
The court seemed to suggest that an alien cannot file an I-485 in removal proceedings unless the application is first filed with USCIS. This is wrong, as an application can be filed defensively in removal proceedings. I think the court was confused because the alien is an arriving alien. The IJ could review the first application because it was the basis for the advance parole. The IJ could not review the second application because it was based on a different underlying visa petition (the USCIS has exclusive jurisdiction over that application).
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