Matter of Yauri, 25 I. & N. Dec. 103 (BIA Oct. 28, 2009) (with a narrow exception not applicable to this case, USCIS has exclusive jurisdiction to adjudicate an arriving aliens application for adjustment of status under 8 C.F.R. 245.2(a)(1) and agrees that it retains jurisdiction to adjudicate the application even where an unexecuted administratively final order of removal remains outstanding).
jurisdiction:
BIA