Arthur Osakwe v. Michael B. Mukasey

BRIGHT, Circuit Judge.

Appellant, Arthur Ezeakor Osakwe (“Osakwe”), petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying Osakwe’s motion to remand his case for an adjustment of status on the basis of his second marriage to a United States citizen. We vacate the BIA’s order and remand for further proceedings consistent with this opinion.

On appeal, Osakwe argues that the BIA’s denial of his motion for adjustment of status: (1) violated his Due Process rights; (2) was barred by the law of the case because the Immigration Judge (“IJ”) during removal proceedings…