8 CFR 1245.1(c)(8); 8 CFR 245.1(c)(8) (arriving aliens can adjust before DD only if they have not currently or formerly been put in removal proceedings). See, Government Response to Comments, "Implementing Certain Sections of the 1996 Immigration Reform Act  (March 6, 1997)," 62 Fed. Reg., No. 44, pages 10311-10395.