COLE, Circuit Judge. The United States Citizen and Immigration Services (“USCIS”) denied Petitioner Nelly Supangan Lockhart’s (“Lockhart” or “Mrs. Lockhart”) application for an adjustment of status to that of permanent United States resident on the ground that she was statutorily ineligible for such adjustment because she was no longer an “immediate relative” under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., upon the death of her husband. Lockhart filed a lawsuit in the United States District Court for the Northern District of Ohio, seeking injunctive, declaratory, and mandamus relief to compel Respondent Janet Napolitano, Secretary of the Department of Homeland Security (“Secretary” of “DHS”), to find, as a matter of law, that she is an “immediate relative” under INA, § 204(b)(2)(A)(i), 8 U.S.C. § 1151(b)(2)(A)(i), and to reopen and readjudicate her application for adjustment of status. The sole issue before us is a question of law, which requires us to interpret language of the INA to resolve a matter of first impression in this Circuit. The question is whether an alien-spouse, whose citizen-spouse filed the necessary “immediate relative” petition form under 8 U.S.C. §§ 1187, 1255(c)(4), but died within two years of the qualifying marriage, qualifies as a spouse under the “immediate relative” provision of the INA. For the reasons set forth below, we conclude that a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA. Accordingly, we AFFIRM the district court’s grant of summary judgment for Lockhart.

MERRITT, Circuit Judge. The defendant, who is addicted to cocaine, appeals his 162-month sentence for distribution of cocaine, a significant part of which is attributable to 12.3 grams of crack cocaine found underneath the passenger-side floorboard mat of his car.

On appeal, he contests only the portion of his sentence attributed to the 12.3 grams and, in addition, requests resentencing because of the recent retroactive application of new crack cocaine guidelines, an argument with which the government basically agrees.

Accordingly, the District Court’s attribution to defendant of the 12.3 grams of crack cocaine was not error, but the case is remanded to the District Court for resentencing under 18 U.S.C. § 3582(c)(2).

ALAN E. NORRIS, Circuit Judge. Petitioner Aminata Ibra Ba, a citizen of Mauritania, applied for asylum, withholding of removal, and protection under the Convention against Torture, alleging racial persecution. The merits of her claims are not before us, however, because the immigration judge issued a removal order in absentia after she failed to appear for her hearing. He subsequently denied her motion to reopen, a decision affirmed by the Board of Immigration Appeals (“the Board”). This appeal poses the following question: What is required to establish that an alien received her statutorily required written notice of removal proceedings when that notice was sent by regular mail?

The Board’s Order of March 25, 2008 dismissing petitioner’s motion to reopen is reversed and the cause is remanded for further proceedings consistent with this opinion.