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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office of the Clerk

5107 Leesburg Pike, Suite 2000


Falls Church, Virginia 2204 I

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


Tolchin, Stacy OHS/ICE Office of Chief Counsel - ELP
Law Offices of Stacy Tolchin 11541 Montana Ave, Suite 0
634 S. Spring St. Suite 500A El Paso, TX 79936
Los Angeles, CA 90014

Name: LEE, KYUNG A 071-523-654

Date of this notice: 12/7/2017

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

Sincerely,

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Mann, Ana
Kelly, Edward F.
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index

Cite as: Kyung Lee, A071 523 654 (BIA Dec. 7, 2017)
.'
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A071 523 654 - El Paso, TX Date: DEC - 7 2017


In re: Kyung LEE

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IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Stacy Tolchin, Esquire

ON BEHALF OF OHS: Michael Klosowsky


Assistant Chief Counsel

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 of January 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)
. A071 523 654

Accordingly, the following orders will be entered.

ORDER: The appeal is sustained.

FURTHER ORDER: The proceedings are reopened and terminated nunc pro tune as of

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


January 27, 2003.

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