U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office of the Clerk
5107 leesburg Pike, Suite 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - SLC

2975 Decker Lake Dr. Stop C
West Valley City, UT 84119

Name: ROSALES-DE LA CRUZ, JAVIER ...

A 088-806-933

Date of this notice: 2/18/2016

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

DorutL C

t1/lA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David B.

Usertea m: Docket

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Cite as: Javier Alejandro Rosales De La Cruz, A088 806 933 (BIA Feb. 18, 2016)

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Decision of the Board of Immigration Appeals

U.S. Department of Justice

Executive Office for Immigration Review

Falls Church, Virginia 20530

File: A088 806 933 - West Valley City, UT

Date:

FEB 1 8 2016

In re: JAVIER ALEJANDRO ROSALES DE LA CRUZ

MOTION
ON BEHALF OF RESPONDENT: Kevin G. Richards, Esquire
ON BEHALF OF DHS:

Mindy E. Hoeppner
Assistant Chief Counsel

APPLICATION: Reopening
By way of this motion, submitted on October 16, 2015, the respondent moves to reopen and
terminate his removal proceedings while a pending application for a U nonimmigrant visa, on
which he is listed as a derivative beneficiary, is adjudicated by the Department of Homeland
Security (DHS). 1 The Department of Homeland Security (DHS) has filed a brief in opposition to
the motion. The record will be remanded.
The record before us reflects that the respondent's spouse has a petition for a U-visa pending
before the U.S. Citizenship and Immigration Services (USCIS), on which respondent is listed as
derivative beneficiary. Furthermore, the USCIS has issued a statement showing that the
respondent's spouse is prima facie eligible for a U-visa. The regulations provide for termination
of removal proceedings once an alien's U-visa is granted. See 8 C.F.R. 214.14(t)(6) (providing
for cancellation of a removal order and termination of removal proceedings after the grant of U
visa status). In light of the evidence before us, we find it appropriate to remand the record to the
Immigration Judge for consideration of whether proceedings should be continued pending a
decision by USCIS on respondent's U-visa petition. See Matter of Sanchez-Sosa, 25 I&N Dec.
807, 812 (BIA 2012) (providing that an alien who has filed a prima facie approvable petition for
a U-visa with the USCIS will ordinarily warrant a favorable exercise of discretion for a
continuance for a reasonable period of time).

ORDER: The record is remanded to the Immigration Judge for further proceedings
consistent with the foregoing opinion and for the entry of a new decision.

FOR THE BOARD

1

As this motion was filed within the voluntary departure period, penalties for failing to depart do
not apply.
Cite as: Javier Alejandro Rosales De La Cruz, A088 806 933 (BIA Feb. 18, 2016)

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

IN REMOVAL PROCEEDINGS