Barr, Mark R., Esq.

Lichter Immigration
1601 Vine Street
Denver, CO 80206
Name: HARRIS, REBECCA
U.S. Department of Justice
Executive Ofice for Immigration Review
Board of Immigration Appeals
Of fice of the Clerk
5107 Leesburg Pike, Suite 2000
Fals Church, Virginia 20530
OHS/ICE Office of Chief Counsel - DEN
12445 East Caley Avenue
Centennial, CO 80111-5663
A 096-201-703
Date of th is notice: 6/5/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Grant, Edward R.
Manuel, Elise
Hoffman, Sharon
Sincerely,
Donna Carr
Chief Clerk
williame
Userteam: Docket
Cite as: Rebecca Harris, A096 201 703 (BIA June 5, 2014)
For more unpublished BIA decisions, visit www.irac.net/unpublished
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U.S. Department of Justice
Executive Ofice for Imigration Review
Decision of the Board oflmigation Appeals
Falls Church, Virginia 20530
File: A096 201 703 -Denver, CO
In re: REBECCA HARRIS a.k.a. Rebecca Bamf
IN REMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Mark R. Barr, Esquire
ON BEHALF OF DHS:
APPLICATION: Continuance
Alison R. Kane
Assistant Chief Counsel
'JUN
- 5 2014
This case was last before us on September 9, 2010, when we remanded the record fr the
Immigration Judge to grant the respondent voluntary departure. On remand, the respondent
indicated that she did not wish to seek voluntary departure; rather, she requested a continuance in
order to await adjudication of an appeal of the revocation of a previously approved Petition for
Alien Relative (Form I-130) fled on her behalf by her current United States citizen spouse. On
June 27, 2012, the Immigration Judge denied that request and ordered the respondent removed to
Ghana. The respondent appeals from that decision.
We review an Immigration Judge's fndings of fct fr clear error, but questions of law,
discretion, and judgment, and all other issues in appeals, are reviewed de novo. 8 C.F.R.
§§ 1003 .1 ( d)(3)(i), (ii).
In the present case, at the time of the Immigration Judge's decision, the respondent was
awaiting adjudication of an appeal of the revocation of a previously approved Petition for Alien
Relative (Form I-130) fled on her behalf by her current United States citizen spouse. The
United States Citizenship and Immigration Services (USCIS) revoked approval of the I-130
petition afer concluding that the respondent's prior mariage was entered into for the purose of
evading the immigration laws, and consequently, came within the purview of section 204( c) of
the Immigration and Nationality Act, 8 U.S.C. § 1154(c). We note that since the Immigration
Judge's decision in this matter, this Board adjudicated the appeal of the revoked I-130 filed on
the respondent's behalf, concluding that the record contained no substantial and probative
evidence establishing that the respondent's prior marriage was entered into for the purose of
evading the immigration laws. The Board therefore sustained the appeal and remanded the
record to users for frther consideration of the visa petition.
In light of the circumstances presented in this matter, we conclude that a remand is warranted
fr frther consideration of the respondent's request for a continuance. On remand, the
Immigration Judge should consider the factors set forth in Matter of Hashmi, 24 I&N Dec. 785
(BIA 2009), in determining whether the respondent has established good cause fr a
continuance, including whether the Department of Homeland Security opposes the continuance
Cite as: Rebecca Harris, A096 201 703 (BIA June 5, 2014)
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A096 201 703
request .and whether the petition is prima fcie approvable. We express no opinion on the
ultimate outcome of the case. Accordingly, the fllowing order will be entered.
ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with the fregoing opinion.
2
Cite as: Rebecca Harris, A096 201 703 (BIA June 5, 2014)
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