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Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013)

Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) reconsidered its prior decision sua sponte over DHS opposition and reversed the discretionary denial of the respondent’s application for adjustment of status. The Board found that the respondent's positive equities were not outweighed by a single conviction for driving under the influence. The decision was written by Member Neil Miller.
In this unpublished decision, the Board of Immigration Appeals (BIA) reconsidered its prior decision sua sponte over DHS opposition and reversed the discretionary denial of the respondent’s application for adjustment of status. The Board found that the respondent's positive equities were not outweighed by a single conviction for driving under the influence. The decision was written by Member Neil Miller.

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Published by: Immigrant & Refugee Appellate Center, LLC on Nov 25, 2013
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04/08/2014

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Obiesie, Chukwuma A., Esq.

Law Ofices of Chukwuma A. Obiesie
3507 N. Central Avenue, Ste. 405
Phoenix, A 85012
Name: VASQUEZ-PEREZ, ENRIQUE MA ...
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leeburg Pike, Suite 2000
Falls Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - PHO
P.O.Box 25158
Phoenix, A 85002
A 095-802-066
Date of this notice: 11/14/2013
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Miller, Neil P.
Sincerely,
DO ca
Donna Carr
Chief Clerk
williame
Usertea m : Docket
M
For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013)
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U.S. Department of Justice Decision of the Board of Immigation Appeals
Executive Ofce fr Imigration Review ·
Falls Church, Virginia 22041
File: A095 802 066 - Phoenix, A
In re: ENRIQUE MANUEL V ASOUEZ-PEREZ
IN REMOVAL PROCEEDINGS
MOTION
Date:
ON BEHALF OF RESPONDENT: Chukwa Obiesie, Esquire
ON BEHALF OF DHS: Cara 0. Knapp
Assistant Chief Counsel
APPLICATION: Reconsideration
NOV 14 Z13
On December 12, 2012, the Board dismissed the respondent's appeal fom the Immigration
Judge's decision denying his application fr adjustment of status. On July 22, 2013, the
respondent fled the instant motion with the Board which, by its nature and content, is a motion
to reconsider. See Matter of 0-S-G-, 24 l&N Dec. 56 (BIA 2006); Matter of Cerna, 20 I&N
Dec. 399 (BIA 1991 ). The Depament of Homeland Security ("DHS") opposes this motion.
The Board will exercise its sua sponte authority to grant the respondent's motion. See 8 C.F.R.
§ 1003.2(a). On reconsideration, the Board will vacate its prior decision dated December 12,
2012, sustain the respondent's appeal, and reverse the Immigration Judge's September 30, 2011,
decision denying the respondent's application fr adjustment of status. Pursuant to 8 C.F.R.
§ 1003.l(d)(6), the record will remanded to the Immigration Judge to allow the DHS to complete
or update identity, law enfrcement, or security investigations, or examinations, and fr entry of
a order a provided by 8 C.F.R. § 1003.47(h).
Te Immigration Judge concluded that the respondent appeared to be eligible fr adjus�ment
of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C.
§ 1255(i), a the spouse of a United States citizen. The Immigration Judge, however, denied
relief as a matter of discretion. See Matter of Arai, 13 l&N Dec. 494 (BIA 1970). The negative
fctor relied upon by the Immigration Judge was the respondent's record of three arrests between
2001 and 2011 fr driving under the infuence, only one of which resulted in a conviction. The
chages peraining to the other two arests were dismissed.
Upon reconsideration, we fnd de novo that the positive equities in the respondent's case, i.e.,
his duration and ties to the United States, outweigh his single conviction fr driving under the
infuence. See Matter of Arai, supra. Accordingly, the respondent's appeal will be sustained,
and the Immigration Judge's September 30, 2011, decision denying the respondent's application
fr adjustment of stats will be reversed. We conclude tat the respondent is eligible fr and
warants adjustment of status.
Cite as: Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013)
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A095 802 066
The fllowing orders will be entered.
ORDER: The motion to reconsider is granted
FURTHER ORER: The Boad's December 12, 2012, decision is vacated, the respondent's
appeal fom the Immigation Judge's decision denying the respondent's application fr
adjustment of status is sustained, and the decision of the Immigration Judge is reversed.
FURTHER ORER: Pursuant to 8 C.F.R. § 1003.l(d)(6), the record is remaded to the
Immigration Judge fr the purpose of allowing the Department of Homeland Secuity te
opporunity to complete or update identity, law enfrcement, or security investigations or
examinations, ad fher proceedings, if necessary, and fr the entry of an order a provided by
8 C.F.R. § 1003.47(h).
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Cite as: Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013)
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