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 20530

OHS/ICE Office of Chief Counsel - BAL

Carrillo & Carrillo, LLC

259 W. Patrick Street
Frederick, MD 21701

31 Hopkins Plaza, Room 1600

Baltimore, MD 21201

Name: C

-G

, C

-045

Date of this notice: 5/11/2015

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

[)on.rtL ct1/Vt.)
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Miller, Neil P.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index
Cite as: C-C-G-, AXXX XXX 045 (BIA May 11, 2015)

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

Carrillo, Charlie Ezra

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

File:

045 - Baltimore, MD

In re: C

Date:

UAY l 1'2015

-G

MOTION
Charlie Ezra Carrillo, Esquire

ON BEHALF OF RESPONDENT:
APPLICATION: Reopening
ORDER:

The respondent has filed a motion to reopen proceedings in which the Board dismissed his
appeal on March 19, 20 I 5.

The Department of Homeland Security has not offered any

opposition to the motion. The record is remanded.

The respondent asserts that reopening is appropriate as he has filed a Form I-360, Petition for
Special Immigrant, and is seeking to apply for adjustment of status llllder the Violence Against
Women Act based on his pending self-petition as a battered spouse of a United States citizen
(Form I-360). Section 204(a)(l)(A)(iii) of the Act, 8 U.S.C. l154(a)(l)(A)(iii). He has
submitted numerous documents in support of his motion, including evidence that the Form 1-360
has been filed, copies of a police incident report and letters sent to a bank relating to the harm
reported by the respondent, a psychosocial report,

numerous affidavits attesting to the

respondent's good moral character, as well as other documents.

The respondent has shown that he could not have made such a claim during the proceedings
below as the physical and emotional abuse he reports occurred years after his hearing. 8 C.F.R.
I 003 .2(c).

In light of the new

and material evidence provided by the respondent, we find that

he has demonstrated prima facie eligibility for the requested relief. INS v. Abudu, 485 U.S. 94
(1988); 8 C.F.R. 204.4(c) (setting forth the requirements for a self-petition by a spouse of an
abusive citizen of the United States). Therefore, we find that reopening and remand of the record
to the Immigration Judge for further proceedings is warranted.

Accordingly, the motion is

granted, and the record is remanded to the Immigration Judge.

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CL------.....1

FOR THE BOARD

Cite as: C-C-G-, AXXX XXX 045 (BIA May 11, 2015)

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

IN REMOVAL PROCEEDINGS