U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5 J 07 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

Muro, Roxana V. , Esq Law Offices of Roxana V. Muro 51OW. 6th Street., Suite 420 Los Angeles, CA 90014

OHS/ICE - Office of Chief Counsel 10400 Rancho Road Adelanto, CA 92301

Immigrant & Refugee Appellate Center | www.irac.net

Name: GUTIERREZ-GUZMAN, JOSE LUIS

A 205-716-539

Date of this notice: 12/31/2013

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

DonrtL ct1ftA)
Donna Carr Chief Clerk

Enclosure Panel Members: Kendall-Clark, Molly

schuckec Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Jose Luis Gutierrez-Guzman, A205 716 539 (BIA Dec. 31, 2013)

U.S. Department of Justice Executive Office for Immigration Review

Board of Immigration Appeals Office ofthe Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

GUTIERREZ-GUZMAN, JOSE LUIS A205-716-539 C/O CUSTODIAL OFFICER 10400 RANCHO ROAD ADELANTO, CA 92301

OHS/ICE - Office of Chief Counsel 10400 Rancho Road Adelanto, CA 92301

Immigrant & Refugee Appellate Center | www.irac.net

Name: GUTIERREZ-GUZMAN, JOSE LUIS

A 205-716-539

Date of this notice: 12/31/2013

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,

DOWU- CaAAJ
Donna Carr Chief Clerk

Enclosure Panel Members: Kendall-Clark, Molly

schuckec Userteam: Docket

Cite as: Jose Luis Gutierrez-Guzman, A205 716 539 (BIA Dec. 31, 2013)

UtS. Department of Justice

Exerutive Offrce for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A205 716 539-Adelanto, CA

Date:

DEC 3 l 2013

In re: JOSE LUIS GUTIERREZ-GUZMAN a.k.a. Carlos Gonzalez Urtado IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: Roxana V. Muro, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

This case was last before us on September 27, 2013, at which time we dismissed the respondent's appeal and denied his motion to remand the record for further proceedings regarding his eligibility for a U visa. The respondent has filed a timely motion to reconsider this decision on October 28, 2013, and he has also submitted evidence in support of his current motion. As such, we will also consider the respondent's motion as a timely motion to reopen. The Department of Homeland Security (OHS) has not responded to the motion, which will be granted. The respondent argues that the Board erred in finding that he had not demonstrated prima facie eligibility for a U visa due to his failure to submit an accompanying waiver application (Form -192) (Bd. at 2). We agree. See Matter

of Cerna,

of 0-S-G-,

24 I&N Dec. 56 (BIA 2006); Matter

20 l&N Dec. 399 (BIA 1991).

The respondent did submit a U visa application which

included the necessary Form I-192 application at his hearing on January 10, 2013 (Exh. 2). The respondent has also submitted, with the current motion, his U visa application and supporting documentation indicating that his Fonn 1-192 was accepted by USCIS. Given the lack of DHS opposition, in conjunction with the basis for the respondent's motion and the accompanying evidence in support thereof, we will reopen the record pursuant to our sua sponte authority. See 8 C.F.R. 1003.2(a); Matter request for a nonimmigrant U visa. ORDER: The motion is granted, and the record is remanded to the Immigration Court for further proceedings consistent with the foregoing decision.

ofJ-J-,

21 l&N Dec. 976 (BIA 1997).

Accordingly, the record will be remanded for further proceedings regarding the respondent's

FOR THE BOARD

Cite as: Jose Luis Gutierrez-Guzman, A205 716 539 (BIA Dec. 31, 2013)