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Department of Justice
Executive Office for Immigration Review
Greene, Chris E
A 200-204-318
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DCYUtL ct1IVt)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Pauley, Roger
Userteam: Docket
MAR 10 2015
APPEAL
ON BEHALF OF RESPONDENT: Chris Greene, Esquire
APPLICATION: Reopening
The respondent, a native and citizen of Chile, appeals _from the Immigration Judge's.
August 6, 2014, decision denying her motion to reopen. The Department of Homeland Security
does not oppose this appeal. The respondent's request for oral argument is denied. See 8 C.F.R.
1003. I (e)(7). The record will be remanded to the Immigration Court for further proceedings
and the entry of a new decision.
We review findings of fact, including credibility findings, for clear error. See 8 C.F.R.
1003.l(d)(3)(i). We review questions of law, discretion, or judgment, and all other. issues de
novo. See 8 C.F.R. 1003.l(d)(3)(ii).
The respondent was ordered removed on April 1, 2014. On July 24, 2014, the respondent
filed a motion to reopen based on her marriage to a United States citizen
(Resp. Motion to Reopen at 2, Tabs D-E). The respondent acknowledges that her motion is
untimely but requests sua sponte reopening in light of the specific facts and circumstances in her
case. See 8 C.F.R. 1003.23(b) (generally requiring that a motion to reopen be filed within
90 days of the Immigration Judge's administratively final decision but allowing for an
Immigration Judge to exercise sua sponte authority to reopen proceedings in some instances);
Matter of J-J-, 21 I&N Dec. 976 (BIA 1997). However, as the respondent accurately observes,
the Immigration Judge did not address her request for sua sponte reopening (Resp. Brief at 2-4;
I.J. at 1). See Matter of A-P-, 22 l&N Dec. 468, 473-74 (BIA 1999) (vesting the Immigration
Judges with the responsibility for "ensuring the substantive completeness of the decision").
In
light of our limited fact finding authority on appeal and in the absence of a complete
decision from the Immigration Judge, we will remand the record for the Immigration Judge to
consider the respondent's sua sponte request and for the entry of a new decision. On remand, the
parties will be given an opportunity to present evidence to assist the Immigration Judge in
issuing a new decision. 1
1
We note that on February 9, 2015, the respondent submitted an Application to Adjust Status
(Form I-485), as well as an approval notice for the visa petition filed on her behalf by her United
States citizen husband, both of which are relevant and. may assist the Immigration Judge in
considering the respondent's request for sua sponte reopening in the course of remanded
proceedings (Resp.'s Motion to Remand).
Cite as: Valery Muriel Perez Toro, A200 204 318 (BIA March 10, 2015)
IN
Date:
ORDER:
The record will be remanded to the Immigration Judge for further proceedings and
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2
Cite as: Valery Muriel Perez Toro, A200 204 318 (BIA March 10, 2015)
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Date:
Aug 6,
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2014
File A200-204-318
In the Matter of:
PEREZ TORO,
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VALEY MURIEL
properly executed,
($110. 00)
to submit a brief
to submit a
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DECISION ON A MOTION.
IN
[ ] DEPORTATION
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[ ] EXCLUSION ( X
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[ ] The request is timely and reasonable. Therefore, IJ>IS HEI.ffiY ORDERED that the
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Motion be GRANTED.
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{A'The Motion.has been duly onsidered and it ;pi;1iJ Court f.:,ubStantial grounds
4 be1aeq to 'arran grant. Therefore, IT IS HEREBY OJWBRED
that the Motion
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