Alvarez-Garcia, 378 F.3d 1094 (9th Cir. Aug. 10, 2004) (noncitizen in exclusion proceedings has no right to adjust status before the IJ; noncitizen must instead apply to District Director).      With removal proceedings the regulation has eliminated the substantive right of adjustment for parolees entirely, and arguably it is therefore ultra vires to the statute and possibly a due process violation under Alvarez-Garcia.