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

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of evidence submitted on appeal reflecting that U.S. Citizenship and Immigration Services (USCIS) had reopened and approved the respondent’s Special Immigrant Petition (Form I-360). The decision was issued by Member Roger Pauley.

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

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    371 views3 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of evidence submitted on appeal reflecting that U.S. Citizenship and Immigration Services (USCIS) had reopened and approved the respondent’s Special Immigrant Petition (Form I-360). The decision was issued by Member Roger Pauley.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of evidence submitted on appeal reflecting that U.S. Citizenship and Immigration Services (USCIS) had reopened and approved the respondent’s Special Immigrant Petition (Form I-360). The decision was issued by Member Roger Pauley.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    371 views3 pages

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

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of evidence submitted on appeal reflecting that U.S. Citizenship and Immigration Services (USCIS) had reopened and approved the respondent’s Special Immigrant Petition (Form I-360). The decision was issued by Member Roger Pauley.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    U.S.

    Department of Justice

    Executive Office for Immigration Review

    Board ofImmigration Appeals


    Office ofthe Clerk

    5107 leesburg Pilce, Suite 2000


    Falls Church, Virginia 22041

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


    Abell, Maureen OHS/ICE Office of Chief Counsel - CHL
    Legal Services of Southern Piedmont 5701 Executive Ctr Dr., Ste 300
    1431 Elizabeth Ave. Charlotte, NC 28212
    Charlotte, NC 28204

    Name: P -O ,V M .. A -125

    Date of this notice: 7/19/2017

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

    Sincerely,

    Cynthia L. Crosby
    Deputy Chief Clerk

    Enclosure

    Panel Members:
    Pauley, Roger

    r-:sIH
    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index/

    Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)
    U.S. Department of Justice Decision of the Board of Immigration Appeals
    ,,
    Executive Office for Immigration Review

    Falls Church, Virginia 22041

    File: 125 -Charlotte, NC Date:

    In re: V M P -O JUL 19 2017

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


    IN REMOVAL PROCEEDINGS

    APPEAL

    ON BEHALF OF RESPONDENT: Maureen L. Abell, Esquire

    ON BEHALF OF OHS: James Bland


    Assistant Chief Counsel

    APPLICATION: Continuance; remand

    The respondent, a native and citizen of Honduras, has appealed from an Immigration Judge's
    October 31, 2016, decision denying her request for a continuance and ordering her removed. The
    Department of Homeland Security (OHS) has filed a response in opposition to the respondent's
    appeal. The respondent has also filed a motion to remand. The respondent's 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
    Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)
    r
    ( ',
    ;... :J

    IMMIGRATION COURT
    5701 EXECUTIVE CENTER OR. #400
    CHARLOTTE, NC 28212
    In the Matter of
    Case No.: A -125
    P -O , V M
    Respondent IN REMOVAL PROCEEDINGS

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


    ORDER OF THE IMMIGRATION JUDGE

    This is a summary of the oral decision entered on "3 I0 J I / / .


    This memorandum is solely for the convenience of the parties. If the
    proceedings should be appealed or reopened, the oral decision will become

    t ; official opinion in the case.

    ['!\]The respondent was ordered removed from he United States to


    HONDURAS Q in the alteERatiue e& .
    [ ] Respondent's application for voluntary departure was denid and
    respondent was ordered removed to HONDURAS or in the
    alternative to .
    Respondent's application for voluntary departure was granted until
    upon postin a bond in the amount f $.
    __ _ _ -
    with an alternate order of removal to HO ND URAS.
    Respondent's application for:
    [ ]
    Asylum was ( )granted )denied( )withdrawn.
    [ ]
    Withholding of removal was ( )granted ( )denied )withdrawn.
    [ ]
    A Waiver under Section was ( )granted ( )denied ( )withdrawn.
    [ ]
    Cancellation of removal under section 240A(a) was ( )granted ( )denied
    ( )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.
    Respondent's application of ( ) withholding of removal ( ) deferral of
    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
    111
    Other:
    re terminate .
    :::t:!

    t: 1 t: "'.
    i;;;. N s;.;.y
    !.!::
    J
    T-- -}
    Date:

    !!::!;

    Oct 3 1 1 2016
    -
    +-'z:ili! -- ---::;
    ;1

    Immigration Judge
    Appeal: Waiv Appeal Due By:

    '' J-,oj/(.,

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

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