U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Office of the Clerk
5/07 Leesburg Pike, Suite 2000
Falls Church, Virginia 2204/

Date of this notice: 10/26/2016

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

Dowu.., ct1/vt.)
Sincerely,

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: A-L-M-D-, AXXX XXX 671 (BIA Oct. 26, 2016)

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OHS/ICE Office of Chief Counsel - CHL

5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212

.,., ) U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board oflmmigration Appeals

Falls Church, Virginia 22041

Date:

File: 671 - Charlotte, NC

OCT 2 6 2016

In re:Alllllllltalllllll

INTERLOCUTORY APPEAL
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:

Pro se

James A. Jones
Assistant Chief Counsel

APPLICATION: Recalendar
On August 3, 2016, the Immigration Judge entered an order administratively closing these
proceedings over the objection of the Department of Homeland Security (DHS).
On
September 12, 2016, the Immigration Judge denied a motion to recalendar filed by the DHS.
The DHS has now filed an interlocutory appeal from the Immigration Judge's decision.
We review the Immigration Judge's findings of fact for clear error. Questions of law,
discretion, and judgment, and all other issues are reviewed de novo.
See 8 C.F.R.
1003.1(d)(3)(i), (ii).
The Immigration Judge's decision to administratively close these proceedings was a
discretionary decision that required review of the totality of the circumstances in the case. See
Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012). The Immigration Judge considered that the
United States Citizenship and Immigration Services had approved the respondent's Form 1-360
petition as a Special Immigration Juvenile under section I01(a)(27)(J) of the Immigration and
Nationality Act, 8 U.S.C. l10l(a)(27)(J), and that there was no evidence to suggest that the
respondent would be unable to adjust status once a visa became available. The Immigration
Judge also considered findings in the child custody order in the record, recent changes in the
Department of State's Visa Bulletin, and the reasons given by the DHS for opposing
administrative closure.
Upon de novo review, we agree with the Immigration Judge that administrative closure was
appropriate in this matter, given the specific circumstances of the case. See Matter of Avetisyan,
supra (setting out factors for determining whether administrative closure is appropriate). As
observed by the Immigration Judge, administrative closure may be appropriate to await an action
or event that is relevant to immigration proceedings but is outside the control of the parties or the
court and may not occur for a significant or undetermined period of time. Id
Accordingly, the appeal will be dismissed.
ORDER: The appeal of the OHS is dismissed.
Cite as: A-L-M-D-, AXXX XXX 671 (BIA Oct. 26, 2016)

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

IN REMOVAL PROCEEDINGS

' 671
J

FURTHER ORDER:
action.

The record is returned to the Immigration Court without further

'

2
Cite as: A-L-M-D-, AXXX XXX 671 (BIA Oct. 26, 2016)

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

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(
F R THE BOARD

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT.
5701 EXECUTIVE CENTER DR. #400
CHARLOTTE, NC 28212

Date: Sep 21, 2016

File 671
In the Matter of:
MARTINEZ-DIAZ, ALBA LETICIA
Attached is a copy of the written decision of the Immigration Judge.
--- This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
Immigration Appeals on or before
The appeal must be accompanied by proof of paid fee ($110.00).
Enclosed is a copy of the oral decision.
Enclosed is a transcript of the testimony of record.

7.

You are granted until ________ to submit a brief

to this office in support of your appeal.
pposing counsel is granted until
brief in opposition to the appeal.

to submit a

nclosed is a copy of the order/decision of the Immigration Judge.

All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
Sincerely,
Immig@,.ourt Clerk
cc: SUSAN T. LECKER., ESQ
5701 EXECUTIVE CENTER DR., 300
CHARLOTTE, NC 28212

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Harrison & Inglese, LLC

Harrison, Michael Scott
PO Box 21796
Charleston, SC 29413

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U.S. DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
5701 EXECUTIVE CENTER DR. #400
CHARLOTTE, NC 28212
Case No.: A-671
IN REMOVAL PROCEEDINGS

Harrison & Inglese, LLC

Harrison, Michael Scott
PO Box 21796
Charleston, SC 2941 3

SUSAN T. LECKER. , ESQ, OHS

ORDER OF THE IMMIGRATION JUDGE

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hat the case be administratively closed for the foll/g'

Upon joint request by both parties.

Neither the respondent nor any representative on the
respondent's behalf appeared for the hearing and the
Department of Homeland Security expressed no opposition.
Other:
.-

This case remains under the jurisdiction and docket control of the immigration
court. If either party in this case desires further action on this matter, at
any time hereafter, a written motion to recalendar the case (including a certi
ficate of service on the oppo_.sing party) must be fil d with the Office of the
Immigration Court having admin1-*\tive c n rol
the Record of Proceeding
in this case.
: :.I

Appeal: NO APPEAL
Appeal Due By:

(A/I/B)

THERESA HOLMES-SIMMONS
Immigration Judge
Date: Aug 3, 2016

CERTIFIC
OF SERVICE
THIS DOENT WAS SERVED BY: MAI (M) PERSONAL SERVI
TO: f'1' 8,LIEN
] ALIEN c/o,''C:.us oct l Officer
Alien's ATT/REP

DATE:
BY:
CO
T
STAFF
[l-3 -/ {e_
Attachments: [ J EOIR-33 [ ] EOIR-28

----

[ ] DHS

[ ] Other

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

In the Matter of: -D- A-

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UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
U.S. IMMIGRATION COURT
5701 Executive Center Drive, Suite 400
Charlotte, North Carolina 28212

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IN
[ ] DEPORTATION
ONLY

DECISION ON A MOTION.
[ .. ] EXCLUSION

[X

] REMOVAL PROCEEDINGS

. ..,.

[ ] AOC ASYLUM

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A
MOTION TO RECALENDAR has been filed in the above captioned case.

The Motion has been duly considered and it appears to the Court that:
[ } The request is timely and reasonable. Therefore, IT IS HEREBY ORDERED that the
Motion be GRANTED.
r The Motion has been duly considered and it appears to the Court that no substantial grods

4 been advanced to warrant its grant. Therefore, IT IS HEREBY ORDERED that the Motion
be and the same is hereby DENIED.

[ ] Adjourn to individual/ master calendar hearingon ______ at ___am/pm.

Hon. THERESA HOLMES-SIMMONS

U.S. Immigration Judge
This document was served to:
[ X ] District Counsel
..
[ X ] Counsel for Respondent / Applicant , .
[ X ] Respondent / Applicant
Mailedout: Cj'-J;J.,,/6
By:-==

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IN THE MATTER OF: -M-DIIII

CASE NO. 671
ALIEN ATTORNEY:

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