Crescencio Trejo-Romero seeks review of the decision of the Board of Immigration Appeals (BIA) decision affirming the immigration judge’s (IJ) denial of adjustment of status. Trejo-Romero has also filed a motion to remand correctly contending that recent amendments to 8 C.F.R. § 1245 eliminate the regulatory basis for the immigration judge’s decision denying him adjustment of status. See 71 Fed.Reg. 27585 (May 12, 2006). The respondent does not oppose the motion to remand.

Accordingly, Trejo-Romero’s petition for review and motion to remand are GRANTED, the BIA’s decision is VACATED, and the matter is REMANDED for a determination of whether Trejo-Romero qualifies for adjustment of status pursuant to amended 8 C.F.R. § 1245.2(a)(1)(h).