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Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
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Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly
Userteam: Docket
Cite as: Leonel Olmedo Avalos, A208 484 533 (BIA Jan. 31, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review
MOTION
APPLICATION: Removal
On July 13, 2016, the Immigration Judge found the respondent removable as charged; denied
his motion to continue the proceedings; and ordered his removal to El Salvador. On
November 29, 2016, the Board dismissed the respondent's appeal from the Immigration Judge's
decision denying the motion to continue the proceedings. On December 14, 2016, the
respondent filed the instant timely motion to reopen. See section 240(c)(7) of the Act, 8 U.S.C.
1229a(c)(7); 8 C.F.R. I003.2(c). The Department of Homeland Security has not opposed this
motion. The motion will be granted.
The respondent sought the continuance to await the adjudication of a visa petition
(Form 1-130) to classify him for immigrant status as the husband of a United States citizen, and
to await the resolution of criminal charges pending against him. In our prior order, we noted that
if the visa petition were approved, the respondent would then have to file an Application for
Provisional Unlawful Presence Waiver (Form I-601A), which, if approved, would enable him to
return to El Salvador in order formally to apply for an immigrant visa. We further noted that
despite the apparent bona fide nature of the respondent's marriage, it was unclear whether the
Form I-601A waiver would be approved in light of the respondent's recent arrest.
The respondent has now offered evidence that on November 23, 2016, the visa petition was
approved (Motion Tab C), and that on November 28, 2016, a jury found the respondent not
guilty of the crimes for which he was arrested (Motion Tab B). Upon consideration of this new,
previously unavailable and material evidence, the motion to reopen will be granted, and the
record remanded to the Immigration Judge to enable the respondent to seek relief from removal
as needed. Accordingly, the record will be remanded to the Immigration Judge for further
proceedings.
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Cite as: Leonel Olmedo Avalos, A208 484 533 (BIA Jan. 31, 2017)
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A208 484 533
FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings consistent with this decision.
Cite as: Leonel Olmedo Avalos, A208 484 533 (BIA Jan. 31, 2017)
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