Andrade v. Gonzales, 459 F.3d 538 (5th Cir. Aug. 1, 2006) (affirmative grant of adjustment of status before former INS in non-adjudicative hearing, where noncitizen disclosed all prior convictions, does not bar DHS from initiating removal proceeding based upon the same convictions).
http://caselaw.lp.findlaw.com/data2/circs/5th/0430247cv0p.pdf



NOTE: The court here engaged in no analysis of Matter of Rafipour, 16 I. & N. Dec. 470 (BIA 1978), or Matter of Rainford, 20 I. & N. Dec. 598 (BIA 1992), which specifically prohibit the Government from starting removal proceedings based upon convictions occurring prior to adjustment when the Government was aware of those convictions at the time of adjustment and either granted a waiver (Rafipour), or no waiver was needed since the convictions triggered deportation, but not inadmissibility (Rainford). The noncitizen in this case had 21 total convictions, and had been involved in litigating pro se for a number of years at all court levels.