The Tenth Circuit, in assuming that DHS violated certain regulations during their apprehension of a non-citizen, determined that the non-citizen did not suffer any prejudice by being required to litigate his adjustment of status application before an immigration judge rather than before U.S. Citizenship and Immigration Services.
“Mr. Aguayo emphasizes adjustment hearings in immigration court are procedurally different from non-adversarial USCIS interviews because a petitioner appears in front of the IJ ‘in a pastel jumpsuit’ and is ‘cross-examined in an adversarial courtroom by trained government lawyers, while in confinement apart from family.’ As a general matter, we are sympathetic to Mr. Aguayo’s contention. But whether the adversarial nature of immigration court potentially affected or actually affected the outcome of removal proceedings is not self-evident. As the government points out, Mr. Aguayo had ‘a full opportunity to present his case for adjustment of status before the IJ,’ and he does not argue ‘he would have submitted more or different evidence to USCIS than he presented to the IJ.’ The BIA correctly determined Mr. Aguayo ‘speculates’ but ‘provides no evidence that USCIS would have approved his adjustment application.’”
The full text of Aguayo v. Garland can be found here:
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110905064.pdf