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Department of Justice
A 094-923-164
Date of this notice: 3/23/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DOWtL Ct1AAJ
Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Leary, Brian M.
Userteam: Docket
Date:
MAR 2 3 20Hi
APPEAL
ON BEHALF OF RESPONDENT: Hristo Kostadinov Bijev, Esquire
APPLICATION: Reopening
The respondent appeals from an Immigration Judge's decision dated October 22, 2015,
denying the respondent's motion to reopen and declining to exercise his sua sponte authority to
reopen proceedings. During the pendency of this appeal, the respondent submitted new
evidence, showing that the Petition for Alien Relative (Form 1-130) filed by her spouse on her
behalf was approved on December 18, 2015. The respondent has now moved for a remand of
the record based on this new evidence so that she may pursue an I-601A (Application for
Provisional Unlawful Presence) waiver. The DHS has not filed any opposition to the request for
a remand. We find that the motion is, in effect, unopposed. See 8 C.F.R. 1003.2(g)(3) (a
motion is deemed unopposed when the opposing party fails to file a timely response 13 days
after service of the motion).
Accordingly, the following order will be entered.
ORDER: The appeal is sustained, the in absentia order is vacated, proceedings are reopened,
and the record is remanded to the Immigration Judge for further proceedings.
Cite as: Rosa Flor Bonilla-Santos, A094 923 164 (BIA March 23, 2016)
IN REMOVAL PROCEEDINGS
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IN THE MATTER OF
BONILLA-SANTOS, ROSA FLOR
FILE A 094-923-164
DATE:
Gfc_t:f
23,
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2015
COURT CLEitK
IMMIGRATION COURT
FF
ROSA FLOR
BONILLA-SANTOS
RESPONDENT
APPLICATIONS:
OctobOlS
In Removal Proceedings
Motion to Reopen
ON BEHALF OF THEGOVERNMENT
Assistant Chief Counsel
U.S. Department of Homeland Security
1717 Zoy St.
Harlingen, TX 78552
IN THE MATTER OF
the regulations, where enforcing them might result in hardship." Matter of]-]-, 21 I&N Dec.
976, 984 (BIA 1997). Because Respondent has not presented a truly exceptional situation to
invoke this extraordinary remedy, the Court will not reopen the proceeding sua sponte.
David Ayala
United States Imm1
on Judge
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CERTIFICATE OF SERVICE
THIS DOCU MENT WAS SERVED BY: MAIL (M) PERSONAL SERVICE (P)
TO: ( ) ALIEN ( )ALIEN C/0 CUSTODIAL OFFICER fflALIEN' ATTY/RE PP DHS
DATE: /Q-,)/;,J BY:COURT STAFF -=----
ATTACH MENTS:() EOIR-33 () EOIR-28 () LEGAL ERVICES LIST () OTHER