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S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)
S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)
Department of Justice
A89
Date of this notice: 10/20/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Dowa., C!
tVv\.)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Greer, Anne J.
Userteam: Docket
Johnson, Carnell
Johnson & Nicholson, PLLC
5701 Executive Center Drive
Suite#415
Charlotte, NC 28212
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,
DOn.rtL CtVvu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Greer, Anne J.
Userteam:
Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)
P-G-S-
A208-268-389
c/o STEWART DETENTION CENTER
146 CCA ROAD
P.O. BOX 248
LUMPKIN, GA 31815
Date:
In re:S_G__
OCT 2 0 2016
INTERLOCUTORY APPEAL
ON BEHALF OF RESPONDENT: Carnell T. Johnson
ON BEHALF OF DHS:
Joshua P. Chadwick
Assistant Chief Counsel
The Department of Homeland Security (DHS) has filed an interlocutory appeal from the
Immigration Judge's June 1, 2016, decision, granting the respondent's motion for administrative
1
closure.
To avoid piecemeal review of the multiple queries that may arise during the course of
removal proceedings, ordinarily the Board does not entertain interlocutory appeals. See
Matter of M-D-, 24 I&N Dec. 138, 139 (BIA 2007), and cases cited therein. We have, on
occasion, accepted interlocutory appeals to address significant jurisdictional questions or to
correct recurring problems in the handling of cases by Immigration Judges. See, e.g., Matter of
Guevara, 20 I&N Dec. 238 (BIA 1990, 1991); Matter of Dobere, 20 I&N Dec. 188 (BIA 1990).
The issue of whether the Immigration Judge improperly granted administrative closure, as
opposed to a continuance, in allowing USCIS to exercise original jurisdiction over the
respondent's asylum application does not present a significant jurisdictional question about the
administration of the immigration laws (DHS Brief at 7-9). Nor does it involve a recurring
problem in Immigration Judges' handling of cases. Thus, the issue raised by the DRS on appeal
does not fall within the limited ambit of cases where we deem it appropriate to exercise our
jurisdiction.
1 On appeal, the parties agree that the reason the Immigration Judge granted administrative
closure was to allow United States Citizenship and Immigration Services (USCIS) the
opportunity to review the respondent's asylum application under section 208 of the Immigration
and Nationality Act, 8 U.S.C. 1158 (DHS Brief at 5; Respondent's Brief at 3-4). In addition, it
is uncontested on appeal that USCIS has original jurisdiction over the respondent's asylum
application because he entered the United States as an unaccompanied minor (DHS Brief at 5;
Respondent's Brief at 3-4). See section 235(d)(7)(B) William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 ("TVPRA"), Pub. L. No. 110-457, 112 Stat. 5044, as
codified at section 208(b)(3)(C) of the Act; Memorandum from Ted Kim, USCIS Acting Chief,
Asylum Division (May 28, 2013 ), Updated Procedures for Determination of Initial Jurisdiction
over Asylum Applications Filed by Unaccompanied Alien Children, HQRAIO 120li2a.
Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)
IN REMOVAL PROCEEDINGS
..
389,
IT IS THEREFORE ORDERED that the recoi:d be returned to the Immigration Court without
further action.
FOR
2.
Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)
',.'
IMMIGRATION COURT
146 CCA ROAD, PO BOX 248
LUMPKIN, GA 31815
In the Matter of
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IN REMOVAL PROCEEDINGS
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