Jiang v. Gonzales, __ F.3d __, 2005 WL 2319668 (9th Cir. Sept. 23, 2005) (noncitizen ineligible for adjustment of status as "arriving alien"). Note: This case may be in conflict with Bona v. Gonzalez, __ F.3d __, 2005 WL 2401874 (9th Cir. Sept. 30, 2005) (DHS regulation precluding "arriving aliens" from seeking adjustment of status in removal proceedings in ultra vires to the INA), or may be distinguishable on the basis that Jiang had previously applied for adjustment of status to the district director and was denied, where Bona had not previously made an application.