U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

Falls Church. Virginia 20530 5107 Leesburg Pike, Suite 2000

Rosado, Michael E., Esquire 10518 Baltimore Ave Beltsville, MD 20705

DHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

Immigrant & Refugee Appellate Center | www.irac.net

Name: SOTO MORAN, JOSE ANTONIO

A 078-744-043

Date of this notice: 11/14/2013

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

DCIYUUL {!aAAJ
Donna Carr Chief Clerk

Enclosure Panel Members: Grant, Edward R.

Trane Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Jose Antonio Soto Moran, A078 744 043 (BIA Nov. 14, 2013)

,,U.S.

Executive Office for Immigration Review Falls Church, Virginia 22041

Department of Justie

Decision of the Board oflmmigration Appeals

File:

A078 744 043 - Baltimore, MD

Date:

NOV 14 2013

In re: JOSE ANTONIO SOTO MORAN IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: Michael E. Rosado, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

APPLICATION: Administrative closure

The respondent, a native and citizen of Guatemala, has appealed from the Immigration Judge's decision dated August 7, 2012. More specifically, he has appealed from Immigration Judge's underlying July 10, 2012, decision to deny the respondent's motion to administratively close these proceedings to allow the respondent to pursue adjustment of status through an approved employment-based visa petition. The record will be remanded for further proceedings. The Immigration Judge's decision concerning the motion for administrative closure states, without elaboration, that the respondent's case "does not meet" the criteria for administrative closure outlined in the Board's decision in respondent's third preference visa with
a

Matter of Avetisyan,

25 I&N Dec. 688 (BIA 2012).

The Department of Homeland Security (DHS) had opposed the motion primarily because the priority date of November 23, 2009, was not current However, the priority date and unlikely to become so for several years (DHS opposition at 3).

has become current while the respondent's appeal was pending. See Visa Bulletin for 1 November 2013, Number 62, Volume IX. Therefore, inasmuch as it appears that the respondent is now eligible to adjust status, we will remand the record to allow the respondent to pursue that relief.

Accordingly, the following order will be entered. ORDER: The record is remanded to the Immigration Court for further proceedings consistent with this opinion.
.. ___

Available at http://travel.state.gov/visa/bulletin/bulletin 6168.html.

Cite as: Jose Antonio Soto Moran, A078 744 043 (BIA Nov. 14, 2013)

UNITED STATES

DEPARTMENT OF

JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BALTIMORE, MARYLAND

Immigrant & Refugee Appellate Center | www.irac.net

File:

A078-744-043

August 7,

2012

In the Matter of

JOSE ANTONIO SOTO MORAN RESPONDENT

IN REMOVAL PROCEEDINGS

CHARGES:

Section 212(a)

(6) (A) (i)

of the Immigration and

Nationality Act.

APPLICATIONS:

ON BEHALF O F RESPONDENT: ON BEHALF OF DHS: BILLY

DAVID BROOKS SAPP

ORAL DECISION OF THE IMMIGRATION BACKGROUND The respondent is a citizen,

JUDGE

a national of

Guatemala,

who

was placed in removal proceedings when a Notice to Appear dated May 21, 2008 was filed with the Immigration Court.
admitted the

The respondent appeared at a Master Calendar,

allegations in the Notice to Appear and conceded removability as charged. Thus, the Government has shown by clear and convincing

..

ev idence that the respondent Subsequently,

is removable as charged.

the respondent sought prosecutor ial

discretion both from the Department of Homeland Security and

Immigrant & Refugee Appellate Center | www.irac.net

from the Court in that order .

The Department of Homeland

Security declined to grant prosecutorial discret ion and the Court also denied the request. The respondent appeared today w ith counsel, and counsel

stated that there appears to be no relief other than administrative closure through prosecutorial d iscret ion, and upon

therefore the respondent w ishes to take a order of removal, which he intends to appeal, Accordingly,

as opposed to voluntary departure.

the Court will enter an order of removal of

the respondent to Guatemala. ORDER IT IS HEREBY ORDERED that the respondent be removed from

the United States to Guatemala.

A078-744-043

August 7,

2012

CERTIFICATE PAGE

I hereby certify that the attached proceeding before DAVID

JUDGE

W .CROSLAND,

in the matter of:

Immigrant & Refugee Appellate Center | www.irac.net

JOSE ANTONIO SOTO MORAN

A078-744-043

BALTIMORE,

MARYLAND

is an accurate,

verbatim transcript of the recording as provided and that this is

by the Executive Office for Immigration Review

the original transcript thereof for the file of the Executive Office for Immigration Review.

RONALD T. FREE STATE

BRINO

(Transcriber) Inc.

REPORTING, 2012

SEPTEMBER 11,

(Completion Date)