A093 47 562 voluntary depure, the co has indicated that it will reopen yo case [nd] alow you to seek djustment of stats, but if its not approved, you ave to leave on or bere the voluntary depae date . . .
" Due to he Iigtion Judge's shde, e September 20, 20, heing was reset r Octobe 12, 200. n that dae, the Imgration uge issued n order of pe-heaing volntary depure until Juy 1, 201, pusut to section 24B(a) of the Act, 8 U.S.C
122ca). On Juay 5, 20, USC aproved the Fo 30 led on he respondents behaf I at 2 of ). n anuary 10, 201, the espondent led a motio to reoen, but it was nacompanied by the e eeipt .. at 2 of 6. n Febuay
20 te moton to reon was eled as a joint motion to eoen wih te DHS suppo. n uly 8, 20, te Immigratio udge eld a hearing on the motion to reopen. In te Novembe 22, 201, decsion, te mmigration Judge determned, rst, tat te Jan 10, 20, motion to eopen was not a joint motion nd ws not proerly ed due to the asene of fe eceipt nder 8 CF.R § 003.23b()(ii) econd, e Iiaton udge denied the subsequent joint motion led on Febuary 7, 201, deteinng at the respondent is baed om adjustment of sttus ude secton 245(a of the Act, 8 U.S.C. § 255a), because se ied to dpa on o bere uary 10, 2, in accordance with he ode of volutay dep (. at 5 of 6) The miation udge deteind tt setion 20B(d) of e Act bs he espondnt om adjustment of staus d oud not be cured y a moon to reoen I. at 5 of 6)
See Maer of Zmewska,
2 I&N Dec 87 BIA 207) (The Bod of Immation Apeas acks authorty to aply excetional cicmstnces or oter general euitabe excption to th penay provisons r falure to dea win the me perod aorded r voluntay depaure unde secton 20B(d)( of the Imigation and Nationaity Act, 8 U..C.A § 22cd)(1) Wst up 2006"). owever, the espondent hs a statutoy rt to e one motion to reopen
67 F.3d 257, 2662 (5t ir. 202) Feore, according to e iteral tes of te une 2, 2010, agreement, t resondents orm -30 was approved by USCIS wtin te eiod of vonty deaur" ence, te respondent, wo, roceedin oug cent counse, showed sucient diligence in ling te motion to eopen aer the Fo 130s appova, was entitled to expect tht e mmigration Judge would reopen you case [nd] alow you to sek adjsent of status .... " Under tese picula cual circmstances, ee, we conclude tha e respondents fa to depa was not vonty nde section 240B d)) of te Act
ee Maer of Zews supra
at 5 determnig that he aien had not voluntaly" iled to dep n a beause te aien was eroneously nscted by Imigration Jude at he enalty provisions woud not aply in he event that s coud demonstate exceptiona cicumstancs havin failed to deprt within te te aorded.).
edee te esoent ineligie adustment of status Accordigly, if othise lib, on remnd se sould be eited to The Iiation Judges decsion eects at another motion to reopen was led on July 8, 20 (I. at 5 of ); howeve, we have not ben abl to identi y such motion in he record of poeedin
Cite as: Valerie Lee Maedgen, A093 407 562 (BIA May 30, 2014)