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

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

Gardner, Georgeanna M., Esq. Gardner Law, PLLC 421 Fayetteville St. Suite 1100 Raleigh, NC 27601

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041

OHS/ICE Office of Chief Counsel - CHL 5701 Executive Ctr Dr., Ste 300 Charlotte, NC 28212

Name: ZUNIGA ROMERO, JESUS HUM..•

A 205-215-795

Date of this notice: 12/1/2017

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

Immigrant & Refugee Appellate Center, LLC | www.irac.net U.S. Department of Justice Executive Office for Immigration

Enclosure

Panel Members:

Adkins-Blanch, Charles K. Grant, Edward R. Mann, Ana

Sincerely,

Immigrant & Refugee Appellate Center, LLC | www.irac.net U.S. Department of Justice Executive Office for Immigration

Donna Carr

Chief Clerk

LulsegeS Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index

Cite as: Jesus Humberto Zuniga Romero, A205 215 795 (BIA Dec. 1, 2017)

Immigrant & Refugee Appellate Center, LLC | www.irac.net U.S. Department of Justice Executive Office for Immigration

·U.S. DepArtmeot of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review Falls Church, Virginia 2204 l

·U.S. DepArtmeot of Justice Decision of the Board of Immigration Appeals Executive Office for Immigration Review

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

File:

A205 215 795 - Charlotte, NC

In re: Jesus Humberto ZUNIGA ROMERO

IN REMOVAL PROCEEDINGS

Date:

DEC -

1

2017

APPEAL

ON BEHALF OF RESPONDENT:

Georgeanna M. Gardner, Esquire

ON BEHALF OF OHS:

Hilary Rainone Assistant Chief Counsel

The respondent has filed an appeal of the Immigration Judge's decision dated March 8, 2017, which denied his motion for administrative closure. The Department of Homeland Security (OHS) has filed an opposition to the appeal. The appeal will be sustained and the proceedings will be administratively closed.

We review findings of fact made by the Immigration Judge, including the determination of credibility, under the "clearly erroneous" standard. 8 C.F.R. § 1003. l(d)(3)(i). We review all other issues, including issues of law, discretion, or judgment, under a de novo standard. 8 C.F.R. § 1003.l(d)(3)(ii).

·U.S. DepArtmeot of Justice Decision of the Board of Immigration Appeals Executive Office for Immigration Review

On appeal, the respondent argues that the Immigration Judge improperly denied his request for administrative closure (Respondent's Br. at 4-8). In the alternative, he requests that the Board grant administrative closure sua sponte (Respondent's Br. at 8-9). See Matter ofAvetisyan, 25 l&N Dec. 688 (BIA 2012) (holding that the Immigration Judges and the Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances).

The Immigration Judge stated that "none of the factors outlined in Matter ofAvetisyan are present in this case" (U at 2). However, Matter ofAvetisyan, 25 I&N Dec. at 696, lists six factors to consider in evaluating a request for administrative closure, several if not all of which are applicable in this case. Therefore, the appeal will be sustained.

The respondent is seeking administrative closure because he has an approved spousal visa petition but needs to file a request for provisional waiver of unlawful presence (Form I-601A). He asserts that his spouse would suffer extreme hardship if he is required to depart the United States during the processing of a provisional waiver. OHS has opposed administrative closure, asserting that the respondent is an enforcement priority, although they do not specify why he is considered a priority (DHS Br. at 3-4). DHS also argues in part that the closure would be for an indefinite period of time (OHS Br. at 7). There do not appear to be any negative factors which would preclude the grant of an I-601A waiver or the grant of adjustment of status to the respondent.

In light of our decision in Matter of Avetisyan, 25 I&N Dec. administratively close the proceedings.

688 (BIA 2012), we will

Cite as: Jesus Humberto Zuniga Romero, A205 215 795 (BIA Dec. 1, 2017)

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

Immigrant & Refugee Appellate Center, LLC | www.irac.net I A205 215 795 If either party to

I A205 215 795

If either party to this case wishes to reinstate the proceedings, a written request to reinstate the

proceedings may be made to the Board.

The Board will take no further action in the case unless a

request is received from one of the parties.

The request must be submitted directly to the Clerk's

Office, without fee, but with certification of service on the opposing party.

Accordingly, the following order will be entered.

ORDER: The appeal is sustained. FURTHER ORDER: Proceedings before the Board of Immigration Appeals are administratively
ORDER:
The appeal is sustained.
FURTHER
ORDER:
Proceedings
before
the
Board
of
Immigration
Appeals
are
administratively closed.

2

Cite as: Jesus Humberto Zuniga Romero, A205 215 795 (BIA Dec. 1, 2017)

Immigrant & Refugee Appellate Center, LLC | www.irac.net I A205 215 795 If either party to

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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT CHARLOTIE, NORTH CAROLINA

Immigrant & Refugee Appellate Center, LLC | www.irac.net f ' UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE

File: A205-215-795

In the Matter of

JESUS HUMBERTO ZUNIGA ROMERO

RESPONDENT

CHARGES:

APPLICATIONS:

)

)

)

)

March 8, 2017

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT: GEORGIANA GARDNER

ON BEHALF OF OHS: scon CRISS

ORAL DECISION OF THE IMMIGRATION JUDGE Now It-comes no•.-: to the Court upon the respondent's motion for administrative

closure under Matter of Avetisyan, which is opposed by the Department of Homeland

Security and finds the following:

  • 1. That the respondent is the beneficiary of an approved Form 1-130 filed by his

United States citizen wife on May 21, 2014. The respondent received notice that the

Form 1-130 was approved on November 3, 2015.

Immigrant & Refugee Appellate Center, LLC | www.irac.net f ' UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE
  • 2. That on December 19, 2016, respondent, through counsel, filed a motion for

administrative closure in an effort to seek adjudication of a Form l-601A with the United

1

Cite as: Jesus Humberto Zuniga Romero, A205 215 795 (BIA Dec. 1, 2017)

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

Immigrant & Refugee Appellate Center, LLC | www.irac.net States Citizenship and Immigration Service. 3. That at

States Citizenship and Immigration Service.

  • 3. That at a Master Calendar hearing on March 8, 2017, the OHS advised it was

opposing the respondent's motion ta-for administrative closure on the basis that the

respondent is an enforcement priority, and that the OHS is unwilling to exercise

discretion in administrative closure of this case.

Immigrant & Refugee Appellate Center, LLC | www.irac.net States Citizenship and Immigration Service. 3. That at

The Court finds that none of the factors outlined in Matter of Avetisyan, are

present in this case. Accordingly, the Court finds the respondent has not met his

burden to show that in the absence of these factors this case would warrant

administrative cl. over the opposition of the OHS.

The respondent's motion for administrative closure is hereby denied.

signature
signature

A205-215-795

Please see the next page for electronic
Please see the next page for electronic

V. STUART COUCH Immigration Judge

  • 2 March 8, 2017

Immigrant & Refugee Appellate Center, LLC | www.irac.net States Citizenship and Immigration Service. 3. That at

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A205-215-795

 

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March 8, 2017