Professional Documents
Culture Documents
Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)
Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)
Massard, Louis F., Esq The Fogle Law Firm, LLC 5701 Executive Dr., Ste 405 Charlotte, NC 28212
OHS/ICE Office of Chief Counsel - CHI 525 West Van B uren Street Chicago, IL 60607
A 088-748-664
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DoYutL ctVVtJ
Donna Carr Chief Clerk
Cite as: Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)
File:
Date:
In re: FAZLIDDIN BAHRONOV IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Louis F. Massard, Esquire
JUL 2 9 2013
APPLICATION: Reopening
ORDER: This matter was last before the Board on April 30, 2013, when we dismissed the respondent's appeal. The respondent has filed a timely motion to reopen, seeking to apply for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a), based on an approved visa petition filed by his spouse. The Department of Homeland Security has opposed the motion, arguing that the approval of the visa petition on behalf of the respondent occurred while his case was pending, thus it was available and could have been presented while the case was pending. However, the approval of the visa petition occurred in October 2012, thus it was not available and could not have been discovered or presented at the respondent's last hearing on June 21, 2011. Section 240(c)(7)(B) of the Act, 8 U.S.C. 1229a(c)(7)(B); 8 C.F.R. 1003.2(c)(l). Accordingly, the motion to reopen is granted, and the the record is remanded to the Immigration Court for further proceedings to allow the respondent an opportunity to apply for adjustment of status, and for the entry of a new decision.
Cite as: Fazliddin Bahronov, A088 748 664 (BIA July 29, 2013)