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

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

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

Hoppock, Matthew Lorn The Hoppock Law Firm LLC 10985 Cody Street, Suite 130 Overland Park, KS 66210

Name: P

10985 Cody Street, Suite 130 Overland Park, KS 66210 Name: P -S , O 5107 leesburg

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Cody Street, Suite 130 Overland Park, KS 66210 Name: P -S , O 5107 leesburg Pike.

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Street, Suite 130 Overland Park, KS 66210 Name: P -S , O 5107 leesburg Pike. Suite

5107 leesburg Pike. Suite 2000

Falls Church, Virginia

22041

OHS/ICE Office of Chief Counsel - ORL 3535 Lawton Road, Suite 100 Orlando, FL 32803

A

- ORL 3535 Lawton Road, Suite 100 Orlando, FL 32803 A -565 Date of this notice:

-565

Date of this notice: 12/6/2017

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

Sincerely,

decision and order in the above-referenced case. Sincerely, Enclosure Panel Members: Grant, Edward R. Donna Carr

Enclosure

Panel Members:

Grant, Edward R.

Donna Carr

Chief Clerk

Panel Members: Grant, Edward R. Donna Carr Chief Clerk Userteam: Docket For more unpublished BIA decisions,

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index

Cite as: O-P-S-, AXXX XXX 565 (BIA Dec. 6, 2017)

For more unpublished BIA decisions, visit www.irac.net/unpublished/index Cite as: O-P-S-, AXXX XXX 565 (BIA Dec. 6,

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

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 2204 l
Falls Church, Virginia 2204 l

File:

In re:

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O

565 - Orlando, FL

P

Church, Virginia 2204 l File: In re: O 565 - Orlando, FL P -S IN REMOVAL

-S

Virginia 2204 l File: In re: O 565 - Orlando, FL P -S IN REMOVAL PROCEEDINGS

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT:

APPLICATION:

ORDER:

Reopening

Date:

Matthew L. Hoppock, Esquire

DEC - 6 2017

This case was previously before us on August 1, 2017, when we dismissed the appeal of the Immigration Judge's decision to deny the motion to reopen proceedings in which the respondent was ordered removed in absentia. The respondent, a native of Brazil and a citizen of Mexico, filed this timely motion to reopen on August 9, 2017. The Department of Homeland Security (OHS) has not replied to the motion. The motion will be granted, and the record will be remanded.

The record shows that the Immigration Judge ordered the respondent removed in absentia on April 30, 2008. On January 11, 2017, the respondent filed a motion to reopen based on a lack of notice. The Immigration Judge denied the motion on March 9, 2017, and we dismissed the appeal of that decision on August 1, 2017.

In the motion, the respondent seeks reopening to pursue adjustment of status under the self­ petitioning provisions of the Violence Against Women Act (VAWA). See sections 204(a)(l)(A)(iii) and 240(c)(7)(C)(iv) of the Immigration and Nationality Act, 8 U.S.C. §§ l154(a)(l)(A)(iii), 1229a(c)(7)(C)(iv) (2012); 8 C.F.R. §§ 204.2(c), 1003.2(c) (2017). In support of the motion, as well as the waiver of the I-year filing requirement, the respondent has submitted a copy of the Form 1-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed with the United States Citizenship and Immigration Services (USCIS) on December 30, 2016; evidence of the alleged abuse by the United States citizen spouse; and evidence of the alleged hardship to his United States citizen child. Respondent's Motion to Reopen, Tabs B, C, D. He has also provided the notice he received from the USCIS indicating that he had established a prima facie case under the self-petitioning provisio of the VAWA, which has been extended to April 11, 2018. Considering these submissions, well as the DHS's lack of response to the motion, the motion will be granted. Accordingly, th motion to reopen is granted, and the record is remanded to the Immigration Judge for further pro

Cite as: O-P-S-, AXXX XXX 565 (BIA Dec. 6, 2017)
Cite as: O-P-S-, AXXX XXX 565 (BIA Dec. 6, 2017)