I

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike. Suite 2000
Falls Church, Virginia 2204/

DHS/ICE Office of Chief Counsel - MIA

333 South Miami Ave., Suite 200
Miami, FL 33130

Name: NOGURA-LUNA, DONALD JOSE

A 027-181-497

Date of this notice: 2/19/2016

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

DOY1.ltL Ca.NL)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Miller 1 Neil P.

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Donald Jose Nogura-Luna, A027 181 497 (BIA Feb. 19, 2016)

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

Urizar, Mario Rene

Eduardo Soto PA
999 Ponce de Leon Blvd., Ste. 1040
Coral Gables, FL 33134

r I

U.S. Department of Justice

.

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A027 181 497 - Miami, FL

Date:

FEB 1 c 16

IN ADJUSTMENT PROCEEDINGS PURSUANT TO 8 C.F.R. 1245.13(n)

MOTION
ON BEHALF OF RESPONDENT: Mario R. Urizar, Esquire
APPLICATION: Adjustment ofstatus pursuant to section 202 ofNACARA

This case was last before us on April 29, 2005, when we vacated an Immigration Judge's
decision granting the respondent's application for adjustment ofstatus pursuant to section 202 of
the Nicaraguan Adjustment and Central American Relief Act (NACARA), Pub.L.No. 105-100,
Title II, 111 Stat. 2193 (1997), amended by Pub.L.No. 105-139, 111 Stat. 2644 (1997). The
respondent now has filed a motion to reopen based on a fundamental change in law that makes
him eligible for NACARA adjustment. In particular, the respondent notes that, effective
January 4, 2010, being HIV positive no longer provides a basis for inadmissibility under
section 212(a)(l)(A)(i) of the Act, 8 U.S.C. 1182(a)(l)(A)(i). See 74 F.R. 56547
(November 2, 2009); 42 C.F.R. 34.2(b). Because the Board denied his adjustment application
solely on the basis ofhis inadmissibility under section 212(a)(l)(A)(i) ofthe Act due to his HIV
positive status, he now seeks sua sponte reopening.
The Department of Homeland Security (DHS) has not responded to the respondent's motion.
Given the lack of opposition and the fundamental change in law, we grant the respondent's
motion to reopen, and we remand the record to the Immigration Judge for a full hearing on the
respondent's eligibility for adjustment pursuant to section 202 ofNACARA. See Matter ofG-D-,
22 I&N Dec. 1132, 1134-35 (BIA 1999) (discussing circumstances under which this Board will
reopen proceedings sua sponte due to a change in law).
ORDER: The respondent's motion to reopen is granted, and the record is remanded to the
Immigration Judge for further proceedings consistent with this order.

Cite as: Donald Jose Nogura-Luna, A027 181 497 (BIA Feb. 19, 2016)

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

In re: DONALD JOSE NOGURA-LUNA a.k.a. Donald Jose Noguera-Luna a.k.a.

Donald Noguera