You are on page 1of 2

U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office ofthe Clerk

5107 leesburg Pike, Suite 2000


Falls Church. Virginia 22041

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


Petrella, Marisa Claudia OHS/ICE Office of Chief Counsel - DET
Petrella Brown PLC 333 Mt. Elliott St., Rm. 204
26211 Central Park Blvd., Ste. 207 Detroit, Ml 48207
Southfield, Ml 48076

Name: TOPLLARI, LULEZIM A 076-678-765


Riders: 076-678-766

Date of this notice: 10/25/2017

Enclosed is a copy of the Board's decision and order in the above-referenced case.

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Guendelsberger, John

;.
:I
,
. , .
,

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index

Cite as: Lulezim Topllari, A076 678 765 (BIA Oct. 25, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

Files: A076 678 765 - Detroit, MI Date:


OCT 2 5 2017

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


A076 678 766

In re: Lulezim TOPLLARI


Florika TOPLLARI

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Marisa C. Petrella, Esquire

ON BEHALF OF OHS: Sarah Shilvock


Assistant Chief Counsel

APPLICATION: Reopening

On July 12, 2017, the respondents filed an untimely motion to reopen proceedings. The
Department of Homeland Security (OHS) filed an opposition to the motion, this Board granted a
stay of removal, and the respondents then supplemented their motion.

Considering the totality of circumstances presented in the respondents' motion (including their
supplemental documents}, the proceedings are reopened under the provisions of 8 C.F.R.
1003.2(a) (2017). The record will be remanded to the Immigration Judge to consider the
respondents' request for termination of proceedings. The respondents have established that they
are the beneficiaries of approved Form 1-130 visa petitions filed on their behalf by their United
States citizen son. Furthermore, the U.S. Citizenship and Immigration Services (USCIS)
conducted an adjustment of status interview for the respondents and advised the respondents that
USCIS would temporarily administratively close the adjustment applications until the
respondents' proceedings were terminated. Given these factors and the many equities presented
by the motion, we will remand the record for the Immigration Judge to consider the respondents'
request for termination.

ORDER: The proceedings are reopened under 8 C.F.R. 1003.2(a) and the record is remanded
to the Immigration Judge for further proceedings not inconsistent with this order and for the entry
of a new decision.

Cite as: Lulezim Topllari, A076 678 765 (BIA Oct. 25, 2017)