U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 Leesburg Pike, Suite 2000

Falls Church, Virginia 2204/

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

Clark, Scott Paul, Esq. OHS/ICE Office of Chief Counsel - HAR
Best & Associates, LLP P. 0. Box 230217
100 North Street Suite 413 Hartford, CT 06123-0217
Pittsfield, MA 01201

Name: OLMEDO AVALOS, LEONEL A 208-484-533

Date of this notice: 1/31/2017

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

Sincerely,

bowu.., Ct1AAJ
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For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/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: Leonel Olmedo Avalos, A208 484 533 (BIA Jan. 31, 2017)
 U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A208 484 533 -Hartford, CT Date:

JAN 3 1 2017
In re: LEONEL OLMEDO AVALOS

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

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Scott Paul Clark, Esquire

APPLICATION: Removal

On July 13, 2016, the Immigration Judge found the respondent removable as charged; denied
his motion to continue the proceedings; and ordered his removal to El Salvador. On
November 29, 2016, the Board dismissed the respondent's appeal from the Immigration Judge's
decision denying the motion to continue the proceedings. On December 14, 2016, the
respondent filed the instant timely motion to reopen. See section 240(c)(7) of the Act, 8 U.S.C.
1229a(c)(7); 8 C.F.R. I003.2(c). The Department of Homeland Security has not opposed this
motion. The motion will be granted.

The respondent sought the continuance to await the adjudication of a visa petition
(Form 1-130) to classify him for immigrant status as the husband of a United States citizen, and
to await the resolution of criminal charges pending against him. In our prior order, we noted that
if the visa petition were approved, the respondent would then have to file an Application for
Provisional Unlawful Presence Waiver (Form I-601A), which, if approved, would enable him to
return to El Salvador in order formally to apply for an immigrant visa. We further noted that
despite the apparent bona fide nature of the respondent's marriage, it was unclear whether the
Form I-601A waiver would be approved in light of the respondent's recent arrest.

The respondent has now offered evidence that on November 23, 2016, the visa petition was
approved (Motion Tab C), and that on November 28, 2016, a jury found the respondent not
guilty of the crimes for which he was arrested (Motion Tab B). Upon consideration of this new,
previously unavailable and material evidence, the motion to reopen will be granted, and the
record remanded to the Immigration Judge to enable the respondent to seek relief from removal
as needed. Accordingly, the record will be remanded to the Immigration Judge for further
proceedings.

The following orders will be entered. 1

ORDER: The motion to reopen is granted.

1
Inasmuch as the proceedings are reopened, the respondent's request for a stay of removal is
moot. The respondent, though counsel, has also notified the Board that he was removed from the
United States on January 6, 2017.

= _@_#@
Cite as: Leonel Olmedo Avalos, A208 484 533 (BIA Jan. 31, 2017)
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A208 484 533

FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings consistent with this decision.

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

Cite as: Leonel Olmedo Avalos, A208 484 533 (BIA Jan. 31, 2017)

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