"Arriving aliens" in removal proceedings are now eligible to apply for adjustment with USCIS under the interim rule. 71 Fed. Reg. 27585 (May 12, 2006). The interim rule, effective on May 12, 2006, deleted the absolute bar on an "arriving alien's" ability to adjust status in removal proceedings. Prior to the issuance of the interim rule, several courts of appeals had struck down the former regulation barring adjustment, finding that it violated the statute. For more information about the rule and the litigation that prompted it, see AILFs Practice Advisory, "Arriving Alien" and Adjustment of Status: What is the Impact of the Governments Interim Rule of May 12, 2006? (Updated October 3, 2006) available at http://www.ailf.org/lac/lac_pa_chrono.shtml.