Professional Documents
Culture Documents
Department of Justice
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
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
APPEAL
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
FURTHER ORDER: The proceedings are reopened and terminated nunc pro tune as of
2
Cite as: Kyung Lee, A071 523 654 (BIA Dec. 7, 2017)