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U.S. Department of.

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Executive Office for Immigration Review

Board ofImmigration Appeals


Office ofthe Clerk

5107 Leesburg Pike, Suue 2000


Falls Church, Virginia 22041

Immigrant & Refugee Appellate Center, LLC | www.irac.net


OHS/ICE Office of Chief Counsel - MIA
333 South Miami Ave., Suite 200
Miami, FL 33130

Name: JEAN, WILPHONSE A 079-682-996

Date of this notice: 9/1/2017

Enclosed is a copy of the Board's decision in the above-referenced case. If the attached
decision orders that you be removed from the United States or affirms an Immigration Judge's
decision ordering that you be removed, any petition for review of the attached decision must
be filed with and received by the appropriate court of appeals within 30 days of the date of
this decision.

Sincerely,

Cynthia L. Crosby
Deputy Chief Clerk

Enclosure

Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index

Cite as: Wilphonse Jean, A079 682 996 (BIA Sept. 1, 2017)
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U.S. Department of Justice Decision of ...c Board oflmmigration Appeals
..
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A079 682 996 - Miami, FL Date:


SEP - 1 2017
In re: Wilphonse JEAN

Immigrant & Refugee Appellate Center, LLC | www.irac.net


IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Pro se

APPLICATION: Reopening; termination

ORDER:

The respondent filed the instant motion to reopen seeking termination to enable him to apply
for adjustment of status before the United States Citizenship and Im.migration Services. See
section 240(c)(7) of the Im.migration and Nationality Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R.
1003.2(c). The Department of Homeland Security has not opposed the motion.
The respondent has offered evidence that he is the beneficiary of an approved visa petition
(Form I-130) filed by his United States citizen wife. He was granted Temporary Protected Status
("TPS"). The respondent returned to the United States pursuant to a grant of advance parole on
December 11, 2016. He has offered evidence that he and his wife are the parents of two United
States citizen children. Given the particular circumstances presented, including the evidence of
the approved visa petition, we will grant the respondent's unopposed motion to reopen and
terminate proceedings without prejudice. See Matter of J-J-, 21 I&N Dec. 976, 984 (BIA 1997);
8 C.F.R. 1003.2(a). Accordingly, the motion to reopen is granted

FURTHER ORDER: The removal proceedings are terminated without prejudice and the
record is returned to the Immigration Court without further Board action.

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Cite as: Wilphonse Jean, A079 682 996 (BIA Sept. 1, 2017)