U.S.

Department of tlustice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office of the Clerk
5107 leesburg Pike, Suile 2000
Falls Church, Virginia 22041

OHS/ICE Office of Chief Counsel - DAL

125 E. John Carpenter Fwy, Ste. 500
Irving, TX 75062-2324

Name: WANYONYI, DORCAS NANGILA

A 097-683-041
Date of this notice: 9/4/2015

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

DorutL

ca.AA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holiona, Hope Malia

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

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AKERE, OWOLABI M
AKERE & AKERE P.C.
2030 EMPIRE CENTRAL DRIVE, SUITE 100
DALLAS, TX 75235

U.S. Department of Justice

Exec.utive Office for Immigration Review

Decision of the Board of Immigration Appeals

;alls Church, Virginia 22041

File: A097 683 041 - Dallas, TX

In re: DORCAS NANGILA WANYONYI

Date:

SEP - 4 2015

MOTION
ON BEHALF OF RESPONDENT: Labi Akere, Esquire

This case was last before us on April 6, 2015, at which time we dismissed the respondent's
appeal from the Immigration Judge's November 1, 2012, decision. The respondent has now filed
a timely motion to reopen on July I, 2015. The Department of Homeland Security has not
responded to the motion, which will be granted.
With her motion, the respondent has submitted evidence that a Form I-130 visa petition has
been filed on her behalf by her United States citizen spouse, and she has also submitted a Form
1-485 adjustment application, Forms G-325A, and documents (including evidence that the couple
has children) to prove the bona fide nature of the marriage. Given the evidence submitted and
the lack of DHS opposition, we conclude that reopening is warranted; in so ruling, however, we
express no opinion on the ultimate outcome of the remanded proceedings. See Matter of
Velarde, 23 I&N Dec. 253 (BIA 2002). Accordingly, the motion will be granted, and the record
will be remanded to provide the respohdent an opportunity to pursue relief from removal.
ORDER: The motion is granted, the proceedings are reopened, and the record is remanded
to the Immigration Judge for further proceedings not inconsistent with this decision.

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IN REMOVAL PROCEEDINGS