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    Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte to allow the respondents to pursue applications for adjustment of status before USCIS. The Board deemed the respondents’ motion unopposed because the DHS failed to submit a response to the motion. The decision was issued by Member Molly Kendall Clark.

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    Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)

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    Immigrant & Refugee Appellate Center, LLC
    273 views3 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte to allow the respondents to pursue applications for adjustment of status before USCIS. The Board deemed the respondents’ motion unopposed because the DHS failed to submit a response to the motion. The decision was issued by Member Molly Kendall Clark.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte to allow the respondents to pursue applications for adjustment of status before USCIS. The Board deemed the respondents’ motion unopposed because the DHS failed to submit a response to the motion. The decision was issued by Member Molly Kendall Clark.

    Copyright:

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

    Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte to allow the respondents to pursue applications for adjustment of status before USCIS. The Board deemed the respondents’ motion unopposed because the DHS failed to submit a response to the motion. The decision was issued by Member Molly Kendall Clark.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3
    At a glance
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    The case involves a motion to reopen removal proceedings for two individuals from Mexico so that they can pursue adjustment of status applications based on approved visa petitions filed by their US citizen son.

    The case involves a motion to reopen removal proceedings for Miguel Angel Gamboa Najera and Elia Gamboa, citizens of Mexico. Their case was previously administratively closed based on DHS prosecutorial discretion.

    The respondents filed a motion ultimately seeking termination of their removal proceedings, without prejudice, to allow them to pursue applications for adjustment of status before USCIS based on respectively-approved immediate relative parental visa petitions filed by their US citizen son.

    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

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


    Pamilla, Thomas Damien OHS/ICE Office of Chief Counsel - SFR
    Law Offices of Thomas D. Pamilla, APC P 0 Box 26449
    . .

    3100 Mowry Avenue San Francisco, CA 94126-6449


    Suite 200
    Fremont, CA 94538

    Name: GAMBOA NAJERA, MIGUEL AN .. A 075-253-882


    Riders:075-253-883

    Date of this notice: 10/19/2017

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

    Sincerely,

    Donna Carr
    Chief Clerk

    Enclosure

    Panel Members:
    Kendall Clark, Molly

    Sn!tt!1K1
    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index

    Cite as: Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)
    U.S. Department of Justice Decision of the Board of Immigration Appeals
    Executive Office for Immigration Review

    Falls Church, Virginia 22041

    Files: A075 253 882 - San Francisco, CA Date:


    A075 353 883
    OCT t 9 2017
    In re: Miguel Angel GAMBOA NAJERA

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


    Elia GAMBOA

    IN REMOVAL PROCEEDINGS

    MOTION

    ON BEHALF OF RESPONDENTS: Thomas D. Pamilla, Esquire

    ON BEHALF OF DHS: Eliz.abeth A. Gross


    Assistant Chief Counsel

    APPLICATION: Reopening; termination of proceedings

    The respondents, husband and wife, are citizens of Mexico. Their case was last before the
    Board on July 12, 2013, when we administratively closed their proceedings based on the
    Department of Homeland Security's (DHS) exercise of prosecutorial discretion.1 On July 31,
    2017, the respondents filed a motion2 ultimately seeking termination of their removal proceedings,
    without prejudice, to allow them to pursue applications for adjustment of status before the United
    States Citizenship and Immigration Services (USCIS) based. on the respectively-approved
    immediate relative parental visa petitions filed by their United States citizen (USC) son.

    On August 4, 2017, the DHS requested a 30-day extension to file a response to the instant
    motion. Although granted a 21-day extension, the DHS has not filed a response to date. Therefore,
    the respondents' motion remains unopposed.

    1 The respondents filed a petition for review of our August 31, 2010, decision denying their motion
    to reopen claiming ineffective assistance by former counsel. By order dated February 13, 2013,
    the United States Court of Appeals for the Ninth Circuit granted the Government's unopposed
    motion to remand, and remanded the respondents' case to the Board. See Gamboa Najera, et al.
    v. Holder, Docket No. 10-72885 (9th Cir. 2013). The Government requested a remand based on

    the agreement of the parties to allow the respondents to seek administrative closure based on the
    DHS's exercise of prosecutorial discretion. See February 8, 2013, Unopposed Motion to Remand
    (filed with the Ninth Circuit) at 1-2.

    2 The respondents expressly indicate that the instant motion pertains only to the two of them, not
    to their four children

    who were parties in the prior proceedings, and at least some of whom have bee n granted deferred
    action status pursuant to the Deferred Action for Childhood Arrivals (DACA} initiative. See
    Respondents' Motion (filed July 31, 2017) at 3. Therefore, today's decision relates only to
    Respondents Miguel Angel Gamboa Najera (A075 253 882) and Elia Gamboa (A075 253 883).

    Cite as: Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)
    .

    A075 253 882 et al.

    Based on the overall facts and evidence presented, the respondents have demonstrated
    exceptional circumstances warranting reopening in the exercise of our discretion. See 8 C.F.R.
    1003.2(a); Matter of J-J-, 21 l&N Dec. 976, 984 (BIA 1997). Moreover, as noted above, the
    OHS has not stated any opposition to the respondents' motion.

    Accordingly, the respondents' case will be re-calendared, their motion to reopen will be

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


    granted, and their removal proceedings will be terminated, without prejudice, so that they may
    pursue applications for adjustment of status before the USCIS as parents of a United States citizen.

    The following orders will be entered.

    ORDER: The respondents' case is re-calendared.

    FURTHER ORDER: The motion to reopen is granted.

    FURTHER ORDER: The respondents' removal proceedings are terminated, without


    prejudice.

    Cite as: Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)

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