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 - ATL

180 Spring Street, Suite 332
Atlanta, GA 30303

Atlanta, GA 30328-0000

Name: OPOKU, KWAME DUODU

A 087-050-826

Date of this notice: 11/20/2014

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

DOYutL cwvu
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Hoffman, Sharon
Guendelsberger, John
Manuel, Elise

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Kwame Duodu Opoku, A087 050 826 (BIA Nov. 20, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

Loftman, Liliana, Esq.

The Kapoor Law Group
7000 Peachtree Dunwoody Road
Bldg. 1 Suite 100

U.S. Department of Justice

Exeutive Office for Immigration Review
Falls Church, Virginia

File:

Decision of the Board oflmmigration Appeals

20530

A087 050 826 - Atlanta, GA

Date:

In re: KWAME DUODU OPOKU

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:

Liliana Loftman, Esquire

Sirce E. Owen
Assistant Chief Counsel

APPLICATION:

Adjustment of status

The respondent has appealed from the Immigration Judge's decision dated October 9, 2012.
The Immigration Judge found that the respondent abandoned his application for adjustment of
status under section 245 of the Immigration and Nationality Act, 8 U.S.C. 1255. The
respondent's appeal will be sustained.
We review an Immigration Judge's findings of fact for clear error; but questions of law,
discretion, and judgment, and all other issues in appeals, are reviewed de novo.

8 C.F.R.

1003. l(d)(3)(i), (ii). Because the respondent's application was filed after May 11, 2005, it is
subject to the REAL ID Act of 2005, Pub. L. No. 109-13, Div. B, 119 Stat. 231.
The respondent timely filed

an

application to adjust status (Form I-485) based on an

approved visa petition (Form I-130) submitted by his current wife (Exh. 8). Based upon the
respondent's failure to file certain corroborating tax records by the deadline set by the
Immigration Judge, the Immigration Judge held that the respondent abandoned the application
for adjustment of status and ordered him removed to Ghana.
We have held that where an application for relief is timely filed but supporting documents
are not submitted within the time established, the Immigration Judge may deem the opportunity
to file such documents to be waived, but may not deem the application itself abandoned.

Matter of Interiano-Rosa,

See

25 I&N Dec. 264, 266 (BIA 2010). Although the respondent's

corroborating documents were not submitted and his opportunity to file the documents is waived,
his adjustment application should not be deemed abandoned.

supra.

See Matter of Interiano-Rosa,

Under these circumstances, we will vacate the Immigration Judge's decision. The record

will be remanded for further proceedings, including a continued hearing on the merits of the
respondent's application for adjustment of status and any other form of relief for which he may
be eligible. We express no opinion regarding the merits of the respondent's application.
Accordingly, the following order will be issued.

Cite as: Kwame Duodu Opoku, A087 050 826 (BIA Nov. 20, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL

A087 050 826

ORDER: The appeal is sustained and the record is remanded to the Immigration Judge for
further proceedings consistent with the foregoing decision.

Immigrant & Refugee Appellate Center | www.irac.net

Cite as: Kwame Duodu Opoku, A087 050 826 (BIA Nov. 20, 2014)

October 9,

A087-050-826

File:

2012

In the Matter of

IN REMOVAL PROCEEDINGS

KWAME DUODU OPOKU

RESPONDENT

CHARGE:

Section 237 (a) (1) (C) (i) of the INA, as amended,

in that af ter admission as a nonimmigrant under
Section 10l (a) 915) of the Act, he has f ailed to
maintain or comply with the conditions of the
nonimmigrant status under which he was admitted.

APPL ICATIONS:

Adjustment of status under Section 245 of the

INA.

ON BEHALF OF RESPONDENT:

ON BEHAL F OF DHS:

L ILIANA M. LOFTMAN, Esquire

7000 Peachtree Dunway Road, NE
Building 1, Suite 100
Atlanta, Georgia 30328

MARY L EE
180 Spring Street , SW
Third Floor
Atlanta, Georgia 30303

ORAL DECISION OF THE IMM IGRATION JUDGE

The respondent is an adult male native and citizen of Ghana

Immigrant & Refugee Appellate Center | www.irac.net

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA

who was last issued a Notice to Appear November 24,

2008.

See

Exhibit 1.
2009,

the

respondent admitted all five allegations contained in the

charging docume nt and conceded the charge under 2 37 (a) ( 1) (C) (i) .
The Court found re movability to be e stablished pursuant to his
own admissions to those allegations contained on the charging
document.

See Section 240C(a)

of the Act.

The issue before the Court concerns the applications for

relief f rom removal.
PROCEDURAL HISTORY
This matte r comes to the Court on a Notice to Appear dated
Nove mbe r 24,
numerous,

2008.

The respondent has had various,

in f act

Master Calendars and has been advised of the

consequences of failing to file an application for relief.

Namely,

there are 11 documents marke d into the record,

including

the re sponde nt's written pleadings conceding proper service of

the charging document,

admitting all allegations,

conceding the

charge and designating the country of removal as Ghana in the

event that that should become necessary.
appearance s on numerous occasions,

At the respondent's

he has been advised of the

consequences of failure to appear as well as the consequence s of

failing to supply documents in support of his applications for
re lie f.
Specifically,

A087-0S0-826

the Court brings attention to Exhibit No.

October 9,

10

2012

Immigrant & Refugee Appellate Center | www.irac.net

At a Master Calendar hearing held on Decembe r 8,

and Exhibit No.

11,

10 dated March 19,

both of which indicate clearly,

2012,

Exhibit No.

this Court's order to the respondent

for relief must be filed no later than 30 days prior to the

Individual hearing date and specifically warning the respondent
that failure to comply with those requirements will result in
the Court deeming the respondent has waived the right to seek
relief and enter an order of removal.
applicable,

In that same order,

where

income tax returns and past transcripts for each

year of tax obligation must be provided.

The respondent,
updated I-864.
record.

on today's date,

has failed to provide an

He has had ample opportunity to supplement the

On today's date he indicates that he is not able to

reach the co-sponsor,

who happens to be his sister,

update her affidavit of support.

in order to

He offers his own testimony in

support of her obligation to support him in the event that that

should become necessary as required by the 864.
The Court is also mindful of Exhibit No.
notice of hearing dated July 30,

2012,

11,

which is the

specifically indicating

the deadline for filing is September 10,

2012.

That date came

and went and no documentation in support of the 864 to update

that document has been received by the Court.

That is also

acknowledged by counsel on today's date.

And simply,

the Court is deeming all applications for

relief abandoned and hereby denied as was previously warned in

A087-050-826

October 9,

2012

Immigrant & Refugee Appellate Center | www.irac.net

indicating that all documentation in support of his applications

March 2012.

The Court finds that the respondent has had ample

opportunity to update his applications and make sure all

has failed to do so.

The Court will find that he has abandoned

his applications for relief,

At this time,

He

including voluntary departure.

the respondent will be ordered removed to

Ghana on the charges contained in the Notice to Appear.

Accordingly,

the following orders will enter:

ORDER

IT IS HEREBY ORDERED that the respondent's application for

adjustment of status under Section 245 is hereby deemed
abandoned and denied.
IT IS FURTHER ORDERED that all other applications for
relief are also deemed abandoned and denied.
IT IS FURTHER ORDERED that the respondent is ordered
removed to Ghana on the charge contained in the Notice to
Appear.

October 9,

2012

A
MADELINE GA
Immigration Judge

A087-050-826

October 9,

2012

Immigrant & Refugee Appellate Center | www.irac.net

documentations in support of his application are up to date.

/Is//
Immigration Judge MADELINE GARCIA

A087-050-826

Immigrant & Refugee Appellate Center | www.irac.net

garciama on January 8,

2013 at 8:31 PM GMT

October 9,

2012