U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - BOS

P.O. Box 8728
Boston, MA 02114

Name: INNOCENT, PASCAL

A 073-455-685
Date of this notice: 5/31/2016

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

DOrutL C

f1/IA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Pascal Innocent, A073 455 685 (BIA May 31, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Rado, Rachel L., Esq.

Law Offices of Rachel L. Rado
98 North Washington Street
Suite 402
Boston, MA 02114

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - BOS

P.O. Box 8728
Boston, MA 02114

Name: INNOCENT, PASCAL

A 073-455-685
Date of this notice: 5/31/2016

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,

DorutL C

t1.tV1.)

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Kendall-Clark, Molly

Userteam: c:;:,,.

Cite as: Pascal Innocent, A073 455 685 (BIA May 31, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

INNOCENT, PASCAL
A073-455-685
PLYMOUTH CTY HOC
26 LONG POND RD
PLYMOUTH, MA 02360

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A073 455 685 - Boston, MA

Date:

In re: PASCAL INNOCENT a.k.a. Innocent Pascal

MAY 3 1 2016

MOTION
ON BEHALF OF RESPONDENT: Rachel L. Rado, Esquire
ON BEHALF OF DHS: Melissa Gavegnano
Assistant Chief Counsel
APPLICATION: Reopening
The Board entered the final administrative decision on March 21, 2016, when we dismissed
the respondent's appeal of the Immigration Judge's decision ordering the respondent removed to
Guadeloupe. The respondent has filed a timely motion to reopen to pursue adjustment of status
under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. I255(a), based on a
pending visa petition filed by his United States citizen wife. See generally Succar v. Gonzales,
394 F.3d 8 (1st Cir. 2005) (finding that the regulation precluding "arriving aliens" from applying
for adjustment of status under section 245 of the Act, is invalid). The Department of Homeland
Security opposes the motion. Because the respondent has submitted sufficient evidence
concerning the marriage bona tides, the motion will be granted. Matter of Velarde,
23 I&N Dec. 253 (BIA 2002); 8 C.F.R. 204.2(a)(l)(iii)(B) (setting forth the types of
documents that may be submitted to establish a marriage was entered into in good faith).
We do not express an opinion on the merits of the respondent's entitlement to relief. On
remand, the Immigration Judge may receive any additional evidence appropriate to the full
resolution of this matter. Accordingly, the motion will be granted.
ORDER: The motion to reopen is granted.
FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings consistent with our decision.

Cite as: Pascal Innocent, A073 455 685 (BIA May 31, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS