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Juan Rodriguez Martinez, A096 355 621 (BIA Aug. 14, 2013)

Juan Rodriguez Martinez, A096 355 621 (BIA Aug. 14, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings as a matter of discretion to allow the respondent, the beneficiary of an approved visa petition filed after he received pre-conclusion voluntary departure, to pursue an application for adjustment of status. The decision was written by Member John Guendelsberger.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings as a matter of discretion to allow the respondent, the beneficiary of an approved visa petition filed after he received pre-conclusion voluntary departure, to pursue an application for adjustment of status. The decision was written by Member John Guendelsberger.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 22, 2013
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10/24/2013

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Bracamonte, Jose A., Esq.

Law Ofice of Jose A. Bracamote
2627 Norh Third Street, Ste 104
Phoenix, A 85004-0000
U.S. Department of Justice
'Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leeb11rg Pike, S11ite 1000
Fals C11rc1, Virgi11ia 11041
OHS
/
ICE Ofice of Chief Counsel • PHO
P .O.Box 25158
Phoenix, A 85002
Name: RODRIGUEZ-MARTINEZ, JUAN A 096-355-621
Date of this notice: 8/
1
4/2
013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
Don c 1
Donna Carr
Chief Clerk
williame
Userteam: Docket
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Cite as: Juan Rodriguez Martinez, A096 355 621 (BIA Aug. 14, 2013)
U.S. Department of Justice
Executive Ofce fr Ingtion Review
Decision of te Boad of Imgaton Appeals
Fal Curch Viga 2201
File: A096 355 621 Phoenix, A
I re: rA RODRIGUEZ MARTIEZ
I RMOVAL PROCEEDIGS
APPEAL
Date:
ON BEH OF RESPONDENT: Jose A. Bracamonte, Esquire
APPLICATION: Reopening
AUG 14 2013
The respondent appeals fom the November 3, 2011, decision of the Immigation Judge,
denying his motion to reopen fr puroses of seeking adjustent of status. The record will be
remaded.
O July 14, 2011, the respondent was ordered removed but gated pre-conclusion
volutary departure. O September 30, 2011, the respondent fled a timely motion to reopen
based on his marage to a United States citizen ad her fling of an I-130 visa pettion on
August 19, 2011. The record contains proof that on April 16, 2012, the visa petition was
approved by the United States Citizenship ad Imigation Services. Therefre, i the exercise
of our discretion, we fnd that a remand of the record is appropriate fr reopening ad fr frther
consideration of te respondent's eligibility fr adjustent of status.
ORER: Te deision of the Immigation Judge is vacated.
FURTHER ORER: The record is remanded fr fher proceedings consistent with tis
decision ad fr the enty of a new decision by the Imigaton Judge.
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Cite as: Juan Rodriguez Martinez, A096 355 621 (BIA Aug. 14, 2013)
I
··�
UNITED STATES DEPARTMNT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
OFFICE OF THE IMMIGRATION JUDGE
PHOENIX, ARIZONA
IN THE MATTER OF
Juan Rodrguez-Marnez
A 096355 621
IN REMOVAL PROCEEDINGS
On Behalf of the Repondent:
Jose Bracaonte, Esq.
2627 N. 3r Steet, Suite 104
Phoenix,Aizona 85004
On Behalf of the D.H.S.:
District Counsel
2035 N. Central Ave.
Phoenix, Arizona 85004
ORDER
The Court is i receipt of the Respondent's Motion To Reopen and the Deparent's
response thereto. The Respondent's Motion To Reopen is denied. The Respondent ha not
establishedprimafacie eligibility fr the relief sought (see In re L-0-G-, 21 l&N Dec. 413 (BIA
I 996). Further, the Cour declines to exercise its sua sponte authority to reopen this matter.
Based on the fregoing, the Court orders that the Respondent's Motion to Reopen
Proceedings be denied.
IT IS SO ORDERED.
Dated this 3rd day of November, 2011
LAJ�
United States Immigration Judge
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