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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office of the Clerk

5107 Leesburg Pike, Suue 200()


Falls Church, Virgm1a 22041

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


Chadeesingh, Shanti Kamla OHS/ICE Office of Chief Counsel - ORL
Maney & Gordon 3535 Lawton Road, Suite 100
6200 Lee Visa Blvd. Orlando, FL 32803
Suite 300
Orlando, FL 32822

Name:GOURDET,MARGUY A 096-269-563

Date of this notice: 10/30/2017

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

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index

Cite as: Marguy Gourdet, A096 269 563 (BIA Oct. 30, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A096 269 563 - Orlando, FL Date:


OCT 3 0 2017
In re: Marguy GOURDET

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


IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Shanti Kamla Chadeesingh, Esquire

APPLICATION: Reopening; termination

ORDER:

On March 22, 2017, the respondent, a native and citizen of Haiti, submitted a motion to reopen
and terminate proceedings in which her appeal was dismissed by the Board on July 29, 2008. The
Department of Homeland Security has not responded to the motion. The motion is granted, and
the proceedings are terminated.

The respondent has submitted evidence showing that she has been granted temporary protected
status, is the beneficiary of an approved immediate relative visa petition filed on her behalf by her
United States citizen husband, and recently entered the United States pursuant to a grant of advance
parole (Motion at 5-6, Tabs M-N). She asks for reopening and termination of proceedings in order
to apply for adjustment of status before the United States Citizenship and Immigration Services
(USCIS).

Considering the totality of the circumstances in this case, we will reopen and terminate
proceedings without prejudice to permit the respondent to apply for adjustment of status before
the USCIS. The record is therefore returned to the Immigration Court without further Board
action.

..

Cite as: Marguy Gourdet, A096 269 563 (BIA Oct. 30, 2017)