U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5107 Leesb111-g Pike, Suite 2000 Falls Cl111rcl1. Vi1-gi11ia 22041

Van Der Hout, Marc, Esq. 180 Sutter Street, 5th Floor San Francisco, CA 94104

OHS/ICE Office of Chief Counsel - SFR

Van Der Hout, Brigagliano & Nightingale, LLP P.O. Box 26449 San Francisco, CA 94126-6449

Immigrant & Refugee Appellate Center | www.irac.net

Name: PARK, LEE SOON Riders: 072-972-501 072-972-502 072-972-503

A072-972-500

Date of this notice: 3/31/2011

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

Donna Carr Chief Clerk

Enclosure

Panel Members: Miller, Neil P.

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Lee Soon Park, A072 972 500 (BIA March 31, 2011)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

Files: A072 972 500 - San Francisco, CA A072 972 501 A072 972 502 A072 972 503 In re: LEE SOON PARK YUNJA PARK SUNYOUNG PARK a.k.a. Sun Young Park KYU CHUL PARK IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENTS: ON BEHALF OF DHS:

Date:

11 zon

Immigrant & Refugee Appellate Center | www.irac.net

Marc Van Der Hout, Esquire

Grace H. Cheung Assistant Chief Counsel

APPLICATION: ORDER:

Reopening

The respondents have filed a motion to reopen requesting remand of the record to the ImmigrationJudge. The Department of Homeland Security requests that the lead respondent's case be severed, and asks that we remand only the three co-respondents' cases. Considering the arguments made by both parties, we will deny the DHS's motion to sever and will remand all four respondents' cases to the ImmigrationJudge for further proceedings on the issues of removability and eligibility for relieffrom removal. (holding that aliens who were not lawfully admitted because ofinvalid visas that were unknowingly procured through a conspiracy involving a former officer of the Immigration and Naturalization Service were eligible to apply for a waiver under section 212(k) of the Immigration and Nationality Act, 8 U.S.C. 1182(k)). Accordingly, the proceedings are reopened with respect to all four respondents pursuant to our discretionary authority in 8 C.F.R. 1003.2(a).

See Kyong Ho Shin v. Holder, 601F.3d 1213 (91h Cir. 2010)

Matter ofPatel, 16 I&N

Dec. 600 (BIA 1978) (holding that the Board's remand order, unless expressly limited, "is effective for the stated purpose and for consideration of any and all matters which the Immigration Judge deems appropriate in the exercise of his administrative discretion or which are brought to his attention in compliance with the appropriate regulations."); 8 C.F.R. 1003.30 1240.1 O(e). FURTHER ORDER: The record is remanded to the Immigration Judge for further

proceedings not inconsistent with this order, including the entry of a new decision.

FOR THE BOARD

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Cite as: Lee Soon Park, A072 972 500 (BIA March 31, 2011)

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