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

Immigrant & Refugee Appellate Center, LLC | www.irac.net U.S. Department of Justice Executive Office for Immigration

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

Abell, Maureen Legal Services of Southern Piedmont 1431 Elizabeth Ave. Charlotte, NC 28204

Name: P

Piedmont 1431 Elizabeth Ave. Charlotte, NC 28204 Name: P -O , V M • 5107 leesburg

-O

Piedmont 1431 Elizabeth Ave. Charlotte, NC 28204 Name: P -O , V M • 5107 leesburg

, V

1431 Elizabeth Ave. Charlotte, NC 28204 Name: P -O , V M • 5107 leesburg Pilce,

M

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5107 leesburg Pilce, Suite 2000 Falls Church, Virginia 22041

OHS/ICE Office of Chief Counsel - CHL 5701 Executive Ctr Dr., Ste 300 Charlotte, NC 28212

A

-125- CHL 5701 Executive Ctr Dr., Ste 300 Charlotte, NC 28212 A Date of this notice:

Date of this notice: 7/19/2017

Charlotte, NC 28212 A -125 Date of this notice: 7/19/2017 Enclosed is a copy of the

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

Enclosure

Panel Members:

Pauley, Roger

Sincerely,

case. Enclosure Panel Members: Pauley, Roger Sincerely, Cynthia L. Crosby Deputy Chief Clerk r-:··�s�IH

Cynthia L. Crosby

Deputy Chief Clerk

Roger Sincerely, Cynthia L. Crosby Deputy Chief Clerk r-:··�s�IH Userteam: Docket For more unpublished BIA

r-:··�s�IH

Userteam: Docket

Crosby Deputy Chief Clerk r-:··�s�IH Userteam: Docket For more unpublished BIA decisions, visit

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)

more unpublished BIA decisions, visit www.irac.net/unpublished/index/ Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)
more unpublished BIA decisions, visit www.irac.net/unpublished/index/ Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)

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

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& Refugee Appellate Center, LLC | www.irac.net ,, · U.S. Department of Justice Executive Office for

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

Board of Immigration Appeals Falls Church, Virginia 22041 File: In re: 125 -Charlotte, NC V M

File:

In re:

Appeals Falls Church, Virginia 22041 File: In re: 125 -Charlotte, NC V M P -O IN

125 -Charlotte, NC

V

Church, Virginia 22041 File: In re: 125 -Charlotte, NC V M P -O IN REMOVAL PROCEEDINGS

M

Virginia 22041 File: In re: 125 -Charlotte, NC V M P -O IN REMOVAL PROCEEDINGS Date:

P

Virginia 22041 File: In re: 125 -Charlotte, NC V M P -O IN REMOVAL PROCEEDINGS Date:

-O

Virginia 22041 File: In re: 125 -Charlotte, NC V M P -O IN REMOVAL PROCEEDINGS Date:

IN REMOVAL PROCEEDINGS

Date:

JUL 19 2017

APPEAL

P -O IN REMOVAL PROCEEDINGS Date: JUL 19 2 0 1 7 APPEAL ON BEHALF OF

ON BEHALF OF RESPONDENT:

Maureen L. Abell, Esquire

ON BEHALF OF OHS:

James Bland Assistant Chief Counsel

APPLICATION:

Continuance; remand

Assistant Chief Counsel APPLICATION: Continuance; remand The respondent, a native and citizen of Honduras, has

The respondent, a native and citizen of Honduras, has appealed from an Immigration Judge's

The

Department of Homeland Security (OHS) has filed a response in opposition to the respondent's

The respondent's motion to remand

appeal.

October 31, 2016, decision denying her request for a continuance and ordering her removed.

The respondent has also filed a motion to remand.

will be granted, and the record will be remanded for further proceedings.

The Immigration Judge found the respondent to be removable as charged and denied her request for a continuance to pursue an appeal of the denial by U.S. Citizenship and Immigration Services (USCIS) of an 1-360 Special Immigrant Petition. The respondent has now filed with the Board a motion to remand with evidence that the USCIS reopened the 1-360 proceedings and approved her visa petition for classification as a special immigrant juvenile. The OHS has not filed a response to the respondent's motion.

As the facts underlying the respondent's eligibility for relief from removal have changed during the pendency of the appeal, we will remand the record for the Immigration Court to consider in the first instance the new evidence filed on appeal, any other applications for relief, and any response from the OHS. Because the record will be remanded, we will not address the respondent's appellate arguments.

Accordingly, the following order will be entered.

ORDER: The record is remanded to the Im.migration Court for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

Rrro4J��
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foregoing opinion and for the entry of a new decision. Rrro4J�� Cite as: V-M-P-O-, AXXX XXX

Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)

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CHARLOTTE,

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In

the

Matter

of

CHARLOTTE, NC 28212 In the Matter of P -O , V Respondent M ORDER OF THE
CHARLOTTE, NC 28212 In the Matter of P -O , V Respondent M ORDER OF THE

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CHARLOTTE, NC 28212 In the Matter of P -O , V Respondent M ORDER OF THE

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NC 28212 In the Matter of P -O , V Respondent M ORDER OF THE Case

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Respondent

M ORDER
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ORDER

OF

THE

Case

No.:

Matter of P -O , V Respondent M ORDER OF THE Case No.: A -125 IN

A

-125

IN

REMOVAL

PROCEEDINGS

IMMIGRATION

JUDGE

Case No.: A -125 IN REMOVAL PROCEEDINGS IMMIGRATION JUDGE This is a summary of the oral

This

is

a

summary

of

the

oral

This

memorandum

is

solely

for

proceedings

should

be

appealed

on

of

/ I 0 J "3 I / �. the parties. If
/
I 0 J "3 I
/ �.
the
parties.
If

oral

decision

will

decision

the

entered

the

convenience

reopened,

or

t�; ] ['!\
t�;
]
['!\

official

opinion

in

the

case.

The

respondent

was

ordered

removed

from

�he

United

States

to

HONDURAS

Q� in the alteERatiue e&
Q�
in
the
alteERatiue
e&

.

the

become

[ ]

Respondent's application for voluntary departure was deni�d and

respondent

. Respondent's application for voluntary departure was granted until

alternative

was

to

ordered

removed

to

HONDURAS

or

in

the

upon postin� a bond in the amount �f $. _ � with an alternate order
upon
postin�
a
bond
in
the
amount
�f
$.
_
with
an
alternate
order
of
removal
to
_
HO _ N D U _ RAS
.
Respondent's
application
for:
[
]
Asylum
was
(
)granted
)denied(
)withdrawn.
[
Withholding
of
removal
was
(
)granted
(
)denied
)withdrawn.
[
] ]
A
Waiver
under
Section
was
(
)granted
(
)denied
(
)withdrawn.
[
]
( )withdrawn.
Respondent's
application
for :
[
]
Cancellation
under
section
240A{b)(1)
was
(
)
granted
)
denied
(
)
withdrawn.
If
granted,
it
is
ordered
that
the
respondent
be
issued
all
appropriate
documents
necessary
to
give
effect
to
this
order.
Cancellation
under
section
240A(b)
(2)
was
(
)granted
(
)denied
(
)withdrawn.
If
granted
it
is
ordered
that
the
respondent
be
issued
all
appropriated
documents
necessary
to
give
effect
to
this
order.
Adjustment
of
Status
under
Section
was
(
)granted
(
)denied
(
)withdrawn.
If
granted
it
is
ordered
that
the
respondent
be
issued
all
appropriated
documents
necessary
to
give
effect
to
this
order.
removal
under
Article
III
of
.the
Convention
Against_ Torture
was
(
)
granted
(
)
denied
(
)
withdrawn.
Respondent's
status
was
rescinded
under
section
246.
Respondent
is
admitted
to
the
United
States
as
a
until
As
a
condition
of
admission,
respondent
is
to
post
a
$
bond.
Respondent knowingly filed a frivolous asylum application after proper
notice.
Respondent
was· advised
of
the
limitation
on
discretionary
relief
for
failure
to
appear
as
ordered
in
the
Immigration
Judge's
oral
decision.
[
x
] Proceedin�s��re
terminate
. •
J
t:•
1
t:
"'•.
[
]
Other:
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s;.;.y
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Date:
O
ct
1
2
3 1
0 1 6
Immigration
Judge
Appeal:
Waiv
Appeal
Due
By:
'' J-,oj/(.,

--

Cancellation of removal under section ·240A(a) was ( )granted ( )denied

Respondent's application of ( ) withholding of removal ( ) deferral of

Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)

application of ( ) withholding of removal ( ) deferral of Cite as: V-M-P-O-, AXXX XXX