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Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)

Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent's motion to reopen over the objection of the Department of Homeland Security to allow him to apply for adjustment of status. The DHS opposed the motion because the respondent's visa petition was granted while his appeal was pending, but the Board noted that the approval did not occur until after the respondent's most recent hearing before an immigration judge. The decision was written by Member David Holmes.
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent's motion to reopen over the objection of the Department of Homeland Security to allow him to apply for adjustment of status. The DHS opposed the motion because the respondent's visa petition was granted while his appeal was pending, but the Board noted that the approval did not occur until after the respondent's most recent hearing before an immigration judge. The decision was written by Member David Holmes.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 02, 2013
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10/12/2013

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U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
5107 leesb11rg Pike, S11ite 2000 Falls Church. Virginia 220./J

Massard, Louis F., Esq The Fogle Law Firm, LLC 5701 Executive Dr., Ste 405 Charlotte, NC 28212

OHS/ICE Office of Chief Counsel - CHI 525 West Van B uren Street Chicago, IL 60607

Immigrant & Refugee Appellate Center | www.irac.net

Name: BAHRONOV, FAZLIDDIN

A 088-748-664

Date of this notice: 7/29/2013

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

DoYutL ctVVtJ
Donna Carr Chief Clerk

Enclosure Panel Members: Holmes, David B.

Lulseges Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)

U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File:

A088 748 664 - Chicago, IL

Date:

In re: FAZLIDDIN BAHRONOV IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Louis F. Massard, Esquire

JUL 2 9 2013

Immigrant & Refugee Appellate Center | www.irac.net

Minnie D. Yuen Assistant Chief Counsel

APPLICATION: Reopening

ORDER: This matter was last before the Board on April 30, 2013, when we dismissed the respondent's appeal. The respondent has filed a timely motion to reopen, seeking to apply for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a), based on an approved visa petition filed by his spouse. The Department of Homeland Security has opposed the motion, arguing that the approval of the visa petition on behalf of the respondent occurred while his case was pending, thus it was available and could have been presented while the case was pending. However, the approval of the visa petition occurred in October 2012, thus it was not available and could not have been discovered or presented at the respondent's last hearing on June 21, 2011. Section 240(c)(7)(B) of the Act, 8 U.S.C. § 1229a(c)(7)(B); 8 C.F.R. § 1003.2(c)(l). Accordingly, the motion to reopen is granted, and the the record is remanded to the Immigration Court for further proceedings to allow the respondent an opportunity to apply for adjustment of status, and for the entry of a new decision.

FOR THE BOARD

Cite as: Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)

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