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Emmanuel Peterson Dontoh, A088 949 492 (BIA Aug. 12, 2013)

Emmanuel Peterson Dontoh, A088 949 492 (BIA Aug. 12, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) granted a motion to remand over DHS opposition where the respondent's Form I-130 was approved while the appeal was pending and no evidence existed that it had been reconsidered or revoked due to a prior sham marriage determination. The decision was written by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) granted a motion to remand over DHS opposition where the respondent's Form I-130 was approved while the appeal was pending and no evidence existed that it had been reconsidered or revoked due to a prior sham marriage determination. The decision was written by Member Edward Grant.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 19, 2013
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12/27/2015

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Colon, Salvador, Esquire

Atorney at Law
PO Box 2951
Houston, TX 77252
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leesburg Pike, Suite 2000
Fals Church. Vrginia 22041
OHS/ICE Ofice of Chief Counsel - HOU
126 Norhpoint Drive, Suite 2020
Houston, TX 77060
Name: DONTOH, EMMANUEL PETERS ... A 088-949-492
Date of this notice: 8112/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Grant, Edward R.
FF W W I - , ³ Me· ¸¸¸ ¸ ¸ -³
Sincerely,
DO c t
Donna Carr
Chief Clerk
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Userteam: Docket
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Cite as: Emmanuel Peterson Dontoh, A088 949 492 (BIA Aug. 12, 2013)
u;s. Department of Justce
Executive Ofce fr Imgation Review
Decision of te Board of Imgton Appe
FalCurch Virgnia 22041
File: A088 949 492 Houston, TX
I re: EML PETERSON DONTOH
I REMOVAL PROCEEDIGS
APPEAL A MOTION
Date:
ON BEHALF OF RESPONDENT: Salvador Colon, Esquire
ON BEHALF OF DHS: Magaet R. Kugel
Senior Attorey
APPLICATION: Continuace; motion to remad
AUG 1 2 20'3
The respondent, a native ad citizen of Ghaa, moves to remad the proceedings fr
consideration of a application fr adjustent of status baed upon a spousa visa petition
approved by The Deaent of Homelad Securt ("DHS") durng te pendency of this appeal.
The DHS opposed the motion. With the motion, the respondent submitted a DHS notice of
approval of a relative immigant visa petition, dated June 11, 2012. On appeal, the ·respondent
also submitted supportng documentation regading his motion ad a application fr adjustent
of status, For I-485, puruat to 8 C.F.R. § 1003.2(c)(l). Altoug the DHS notes in its
opposition to the respondent's moton to remad that the For I-130 has been refred fr
reconsideration in light of the prior sham mariage fndings, tere is no evidence that the
approved visa petition has been reconsidered and revoked.
ORER: The respondent's moton to remad is ganted and te record is remaded to the
Immigation Judge fr fher proceedings consistent with this opinion.
FOR THBO
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Cite as: Emmanuel Peterson Dontoh, A088 949 492 (BIA Aug. 12, 2013)
: .
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
UNITED STATES IMMIGRTION COURT
HOUSTON, TEXAS
File: AOBB-949-492
In the Matter of
EMUEL PETERSON DONTOH
RESPONDENT
CHRGES:
APPLICATIONS:
ON BEHALF OF RESPONDENT: SALVAOR COLON
ON BEHALF OF DHS: MARGARET KUGEL
September 26, 2011
IN REMOVAL PROCEEDINGS
ORL DECISION OF THE IMMIGRTION JUDGE
Respondent is Emmanuel Peterson Dontoh, who was served
with a Notice to Appear da� June 4, 2009. Respondent admitted
the allegations and conce�he charge contained in the Notice
to Appear. The Court eo i after listening to these admissions
l
.
.
and concession, as well as reviewing other evidence in the file,
determined that respondent is indeed removable pursuant to
Section 237(a) (1) (B) of the Immigration and Nationality Act (INA
'",, ², ² ·~ r,,Ñ,•,,·r · ·· _ _ _ ^ _ _ _ __ _ "_?_ � W ×,. ! R � [��¯^�
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N
or Act} . Respondent subsequently indicated that he would be
seeking relief based on adjustment of status. Evidence was
presented that respondent had previ� had a petition filed on
his behalf, which had been denied, a that there had been a sham
marriage finding. The Government raised the possibility that
this would create a bar under Section 204(c} of the Act. The
parties submitted documents to the Court with regard to this
issue. Respondent was ready and willing to also present
testimony in support of his position that it was not a sham
marriage and the proffer was made that his testimony would
reflect the information which was contained in the documents,
which had been submitted to the Court, and the Court accepts
that proffer.
Nevertheless, the Court finds, after considering all
of the evidence, that the decision by the Immigration Service to
deny the petition will not, in all likelihood, be overturned.
The Court believes that the Service laid out extensive
rationales for its decision and that respondent has not fully or
o �
adequately responded to those, or
"
very least, that th' . :,J d b
the continuing finding of the Service so that there is virtually
no likelihood that the petition will be granted in the future.
Given that the fact that any future petition, such as the one
which is currently filed on behalf of the respondent, would be
subject to the 204(c} bar, there is no apparent avenue for
relief for respondent and, therefore, the Court does not believe
AOBB-949-492 2 September 26, 2011
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(�
that a continuance in order to allow respondent to pursue the
most recently filed I-130 petition is warranted.
This was the only relief identified by respondent.
Respondent reserves the right to appeal this decision and
respondent has been advised that any appeal of this decision is
due within 30 days of today, so any appeal is due on or before
October 26, 2011. Respondent does, in fact, reserve the right
to appeal.
ORDERS
Wherefore, premises considered, the Court hereby
orders as follows:
to Ghana.
Respondent's motion for continuance is DENIED;
Respondent is REMOVED/DEPORTED from the United States
CHRIS A. BRISACK
United States Immigration Judge
September 26, 2011
AOSB-949-492 3 September 26, 2011
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`.
CERTIFICATE PAGE
I hereby certify that the attached proceeding before JUDGE
CHRIS A. BRISACK, in the matter of:
EML PETERSON DONTOH
AOSS-949-492
HOUSTON, TEXAS
is an accurate, verbatim transcript of the recording as provided
by the Executive Office for Immigration Review and that this is
the original transcript thereof for the file of the Executive
Office for Immigration Review.
MIO HIGASHIMOTO (Transcriber)
DEPOSITION SERVICES, Inc.
DECEMBER 7, 2011
(Completion Date)
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