DHS. 2 . In Velarde-Pacheco, the BIA explained that a properly filed motion to reopen for adjustment of status based on a marriage entered into after the commencement of removal proceedings may be granted in the exercise of discretion notwithstanding the pendency of a visa petition filed on the alien's behalf, if: (1) the motion is timely filed; (2) the motion is not numerically barred by the regulations; (3) the motion is not barred by Matter of Shaar, 21 I. & N. Dec. 541, 1996 WL 426889 (BIA 1996), or on any other procedural grounds; (4) clear and convincing evidence is presented indicating a strong likelihood that the marriage is bona fide; and (5) the INS does not oppose the motion or bases its opposition solely on Matter of Arthur, 20 I. & N. Dec. 475, 1992 WL 195807 (BIA 1992) (<HOLDING>). Matter of Velarde-Pacheco, 23 I. & N. Dec. at
holding that adjustment of status was permitted even if deportable alien had entered the country as a lawful permanent resident holding that the bias denial of a motion to reopen based on the merits of the underlying application for adjustment of status was a discretionary decision under the adjustment of status statute and this court therefore did not have jurisdiction over an appeal of the bias ruling holding that a motion to reopen to apply for an adjustment of status based on an unadjudicated visa petition filed by a united states citizen or lawful permanent resident spouse must be denied holding that an alien who adjusted status from refugee to lawful permanent resident no longer qualified as a refugee and was thus no longer eligible to apply for a waiver of inadmissibility in connection with an adjustment of status under  209 holding that an order denying a petitioners motion to reopen proceedings so that he could apply for adjustment of status was not a judgment regarding the granting of relief and was thus reviewable