U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5 I 07 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

Hyde, Martha, Esq. Martha Hyde, PC P.O. Box 835 Denver, CO 80201

OHS/ICE Office of Chief Counsel - DEN 12445 East Caley Avenue Centennial, CO 80111-5663

Immigrant & Refugee Appellate Center | www.irac.net

Name:QUEDRAOGO,ADAMA

A 095-427-765

Date of this notice: 3/20/2014

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

DorutL Cwvu
Donna Carr Chief Clerk

Enclosure Panel Members: Guendelsberger, John

yungc Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Adama Quedraogo, A095 427 765 (BIA Mar. 20, 2014)

U.S. Departmen_t of Justice

Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A095 427 765 - Chicago, IL

Date:

In re: ADAMA OUEDRAOGO IN REMOVAL PROCEEDINGS

MAR

2 0 2014

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL AND MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Martha Hyde, Esquire

Aminda B. Katz Assistant Chief Counsel

APPLICATION:

Remand for adjustment of status

In a decision issued May 2, 2012,

ari hnmigration Judge found the respondent removable as

The Department of Homeland Security

charged and denied her application for a continuance for the purpose of seeking adjustment of status based upon a marriage to a United States citizen. opposes the respondent's appeal. We observe that the Immigration Judge denied the respondent's motion for a continuance, in large part, because the U.S. Citizenship and hnmigration Services (USCIS) in a decision dated July 5, 2011, denied the visa petition filed on her behalf by her United States citizen husband. Subsequent to the Immigration Judge's decision, this Board issued a decision remanding the record to the USCIS for further proceedings citing the evidence supporting the bona fides of the marriage, including the fact that the respondent had been married to the petitioner for more than 10 years. Consequently, we find that the present removal proceeding must be returned to the Immigration Judge since no decision has been issued by USCIS regarding the visa petition. request to remand the record is reasonable. In light of the evidence presented that a visa petition for the respondent remains pending, the respondent's

See Matter of Velarde, 23 I&N Dec. 253 (BIA 2002).

Accordingly, the motion is granted, and the record is remanded to the Immigration Judge for further proceedings consistent with the foregoing opinion. ORDER: The record is remanded to the Immigration Judge for further proceedings.

Cite as: Adama Quedraogo, A095 427 765 (BIA Mar. 20, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT CHICAGO, ILLINOIS

Immigrant & Refugee Appellate Center | www.irac.net

File:

A095-427-765

May 2,

2012

In the Matter of

ADAMA QUEDRAOGO RESPONDENT

IN REMOVAL PROCEEDINGS

CHARGES:

APPLICATIONS:

ON B$HALF OF RESPONDENT: ON BEHALF OF DHS: MS.

MARTHA HYDE

KATZ

ORAL DECISION OF THE IMMIGRATION JUDGE The Court would indicate that at a prior Master Calendar hearing the respondent was present with his attorney. They

admitted and conceded removability from the United States. Rernovability has been shown by clear and convincing and unequivocal evidence. The Court would indicate that this matter times that the Court sees. Ms. The fiyde

has been continued at least 18

respondent's application I-130 has not been approved.

...

is going to appeal that and understand that the Court has no alternative at this time. There is no relief available. So

the Court will order that the respondent be removed from the United States.

Immigrant & Refugee Appellate Center | www.irac.net

Immigration

A095-427-765

May 2,

2012

(
CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE

Immigrant & Refugee Appellate Center | www.irac.net

DAVID J.

CORDOVA,

in the matter of:

ADAMA QUEDRAOGO

A095-427-765

DENVER,

COLORADO

is an accurate,

verbatim transcript of the recording as provided

by the Executive Office for Immigration Review and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.

ELIZABETH THOMAS

(Transcriber) Inc.

FREE STATE REPORTING, JUNE 30, 2012

(Completion Date)