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Department of Justice
A 076-971-012
Date of this notice: 7/1/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DOWtL Ca.;vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John
Userteam: Docket
Date:
JUL - 1 2016
IN REMOVAL PROCEEDINGS
MOTION
ON BEHALF OF RESPONDENT: Miguel A. Chavez, Esquire
ON BEHALF OF DHS: Theresa Bross
Assistant Chief Counsel
APPLICATION: Reopening
This case was last before us on September 29, 2005, when we denied the respondent's
motion to reopen. On March 28, 2016, the respondent filed a motion to reopen to apply for
adjustment of status on the basis of an approved visa petition filed by his United States citizen
wife. The Department of Homeland Security (DHS) opposes the respondent's motion.
The respondent has submitted a reply to the DHS' opposition and a motion to accept his
reply. We grant the respondent's request and have considered his reply in adjudicating his
motion to reopen. In addition, we agree with the respondent's claims that many of the objections
raised by the DHS in its opposition are based on inaccurate assertions. Further, we conclude
that, given the totality of the circumstances in his case, the respondent is entitled to a favorable
exercise of our sua sponte authority. We therefore grant the respondent's motion to reopen sua
sponte, and we remand the record to the Immigration Judge for a full hearing on the respondent's
eligibility for adjustment of status.
ORDER: The respondent's motion to reopen is granted, and the record is remanded to the
Immigration Judge for further proceedings consistent with this order.
:,
Cite as: Tunde Olayinka Awaye, A076 971 012 (BIA July 1, 2016)