U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 leesburg Pilce, Suite 2000

Falls Church, Virginia 22041

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

Abell, Maureen OHS/ICE Office of Chief Counsel - CHL
Legal Services of Southern Piedmont 5701 Executive Ctr Dr., Ste 300
1431 Elizabeth Ave. Charlotte, NC 28212
Charlotte, NC 28204

Name: P -O ,V M .. A -125

Date of this notice: 7/19/2017

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

Sincerely,

Cynthia L. Crosby
Deputy Chief Clerk

Enclosure

Panel Members:
Pauley, Roger

r-:sIH
Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)
 U.S. Department of Justice Decision of the Board of Immigration Appeals
,,
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: 125 -Charlotte, NC Date:

In re: V M P -O JUL 19 2017

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

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Maureen L. Abell, Esquire

ON BEHALF OF OHS: James Bland

Assistant Chief Counsel

APPLICATION: Continuance; remand

The respondent, a native and citizen of Honduras, has appealed from an Immigration Judge's
October 31, 2016, decision denying her request for a continuance and ordering her removed. The
Department of Homeland Security (OHS) has filed a response in opposition to the respondent's
appeal. The respondent has also filed a motion to remand. The respondent's motion to remand
will be granted, and the record will be remanded for further proceedings.

The Immigration Judge found the respondent to be removable as charged and denied her
request for a continuance to pursue an appeal of the denial by U.S. Citizenship and Immigration
Services (USCIS) of an 1-360 Special Immigrant Petition. The respondent has now filed with the
Board a motion to remand with evidence that the USCIS reopened the 1-360 proceedings and
approved her visa petition for classification as a special immigrant juvenile. The OHS has not
filed a response to the respondent's motion.

As the facts underlying the respondent's eligibility for relief from removal have changed during
the pendency of the appeal, we will remand the record for the Immigration Court to consider in
the first instance the new evidence filed on appeal, any other applications for relief, and any
response from the OHS. Because the record will be remanded, we will not address the respondent's
appellate arguments.

Accordingly, the following order will be entered.

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

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Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)
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IMMIGRATION COURT
5701 EXECUTIVE CENTER OR. #400
CHARLOTTE, NC 28212
In the Matter of
Case No.: A -125
P -O , V M
Respondent IN REMOVAL PROCEEDINGS

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

ORDER OF THE IMMIGRATION JUDGE

This is a summary of the oral decision entered on "3 I0 J I / / .

This memorandum is solely for the convenience of the parties. If the
proceedings should be appealed or reopened, the oral decision will become

t ; official opinion in the case.

['!\]The respondent was ordered removed from he United States to

HONDURAS Q in the alteERatiue e& .
[ ] Respondent's application for voluntary departure was denid and
respondent was ordered removed to HONDURAS or in the
alternative to .
Respondent's application for voluntary departure was granted until
upon postin a bond in the amount f $.
__ _ _ -
with an alternate order of removal to HO ND URAS.
Respondent's application for:
[ ]
Asylum was ( )granted )denied( )withdrawn.
[ ]
Withholding of removal was ( )granted ( )denied )withdrawn.
[ ]
A Waiver under Section was ( )granted ( )denied ( )withdrawn.
[ ]
Cancellation of removal under section 240A(a) was ( )granted ( )denied
( )withdrawn.
Respondent's application for:
[ ] Cancellation under section 240A{b)(1) was ( ) granted ) denied
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Adjustment of Status under Section was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Respondent's application of ( ) withholding of removal ( ) deferral of
removal under Article III of .the Convention Against_ Torture was
( ) granted ( ) denied ( ) withdrawn.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a until
As a condition of admission, respondent is to post a $ bond. ____

Respondent knowingly filed a frivolous asylum application after proper

notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge's oral decision.
[
[ x ]] Proceedin s
111
Other:
re terminate .
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Date:

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Oct 3 1 1 2016
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Immigration Judge
Appeal: Waiv Appeal Due By:

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Cite as: V-M-P-O-, AXXX XXX 125 (BIA July 19, 2017)