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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

Tolchin, Stacy Law Offices of Stacy Tolchin 634 S. Spring St. Suite 500A Los Angeles, CA 90014

Name: LEE, KYUNG

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 2204I

OHS/ICE Office of Chief Counsel - ELP 11541 Montana Ave, Suite 0 El Paso, TX 79936

A 071-523-654

Date of this notice: 1 2/7/2017

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

Enclosure

Panel Members:

Mann, Ana Kelly, Edward F. Grant, Edward R.

Sincerely,

Mann, Ana Kelly, Edward F. Grant, Edward R. Sincerely, Donna Carr Chief Clerk Userteam: Docket For

Donna Carr

Chief Clerk

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index

Cite as: Kyung Lee, A071 523 654 (BIA Dec. 7, 2017)

more unpublished BIA decisions, visit www.irac.net/unpublished/index Cite as: Kyung Lee, A071 523 654 (BIA Dec. 7,

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

. ' U.S. Department of Justice Decision ofthe Board ofImmigration Appeals Executive Office for Immigration
. '
U.S. Department of Justice
Decision ofthe Board ofImmigration Appeals
Executive Office for Immigration
Review
Falls Church, Virginia 22041
DEC - 7 2017
File:
A071 523 654 - El Paso, TX
Date:

In re: Kyung LEE

IN REMOVAL PROCEEDINGS

- El Paso, TX Date: In re: Kyung LEE IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF

APPEAL

ON BEHALF OF RESPONDENT:

Stacy Tolchin, Esquire

ON BEHALF OF OHS:

Michael Klosowsky Assistant Chief Counsel

ON BEHALF OF OHS: Michael Klosowsky Assistant Chief Counsel APPLICATION: Reopening The respondent is a native

APPLICATION:

Reopening

The respondent is a native and citizen of Brazil. She appeared before an Immigration Judge on January 27, 2003, at which time the Immigration Judge, pursuant to a joint request from the respondent and the Department of Homeland Security (DHS), administratively closed these proceedings. On July 14, 2008, the Immigration Judge terminated these proceedings pursuant to a joint motion by the parties because the respondent had adjusted her status to lawful permanent resident.

On March 31, 2017, the respondent filed a motion to reopen, asking again that her proceedings be terminated, this time, nunc pro tune to an earlier date. The OHS did not oppose. The Immigration Judge denied the motion on May 9, 2017, and this appeal followed. The appeal will be sustained.

We review the findings of fact, including the determination of credibility, made by the Immigration Judge under the "clearly erroneous" standard. 8 C.F.R. § 1003.l(d)(3)(i). We review all other issues, including issues of law, discretion, or judgment, under a de novo standard. 8 C.F.R. § 1003.l(d)(3)(ii).

On appeal, the respondent and the OHS request that the Board sua sponte reopen these proceedings and terminate them nunc pro tune as ofJanuary 27, 2003. See Romero-Rodriguez v. Gonzales, 488 F.3d 672 (5th Cir.2007) (setting forth the scope of the Board's authority to reopen a proceeding nunc pro tune). The parties agree that jurisdiction over the respondent's application for adjustment of status remained with the Immigration Judge, and while the purpose of the administrative closure was to give the DHS authority to adjudicate the respondent's application for adjustment of status, the parties did not seek termination of the proceedings until after adjustment of status was granted. The parties further agree that granting the joint motion to sua sponte reopen and terminate nunc pro tune would permit the respondent to become a lawful permanent resident of the United States. We will sustain. the appeal, reopen sua sponte, and terminate these proceedings nunc pro tune.

Cite as: Kyung Lee, A071 523 654 (BIA Dec. 7, 2017)

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

Immigrant & Refugee Appellate Center, LLC | www.irac.net . A071 523 654 Accordingly, the following orders
Immigrant & Refugee Appellate Center, LLC | www.irac.net . A071 523 654 Accordingly, the following orders

. A071 523 654

Refugee Appellate Center, LLC | www.irac.net . A071 523 654 Accordingly, the following orders will be

Accordingly, the following orders will be entered.

523 654 Accordingly, the following orders will be entered. ORDER: The appeal is sustained. FUR THE

ORDER: The appeal is sustained.

FURTHER ORDER:

January 27, 2003.

The proceedings are reopened and terminated nunc pro tune as of

The proceedings are reopened and terminated nunc pro tune as of 2 Cite as: Kyung Lee,

2

Cite as: Kyung Lee, A071 523 654 (BIA Dec. 7, 2017)

The proceedings are reopened and terminated nunc pro tune as of 2 Cite as: Kyung Lee,