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U.S.

Department of Justice

Executive Office for Immigration Review


Board ofImmigration Appeals
Office ofthe Clerk
5/07 leesburg Pike, Suite 2000
Falls Church, Virginia 2204/

DHS/ICE Office of Chief Counsel - CHI


525 West Van Buren Street
Chicago, IL 60607

Name:BOURAS,MOHAMED

A 089-601-787

Date of this notice: 11/24/2015

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

o ct1/vu
Sincerely,

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Miller, Neil P.

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index/
Cite as: Mohamed Bouras, A089 601 787 (BIA Nov. 24, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Wong, Margaret W
Margaret W. Wong
3150 Chester Avenue
Cleveland, OH 44114

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

.File: A089 601 787 - Chicago, IL

Date:

In re: MOHAMED BOURAS

NOV 2 4 2015

MOTION
ON BEHALF OF RESPONDENT: Margaret W. Wong, Esquire
ON BEHALF OF DRS: Geoffrey Gilpin
Assistant Chief Counsel
APPLICATION: Reopening

The final order of removal in these proceedings was entered by the Board on May 1, 2014,
when we dismissed the respondent's appeal and reinstated voluntary departure. 1 The respondent
filed an untimely motion to reopen his proceedings on September 14, 2015. See sections
240(c)(7)(A), (C) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7)(A), (C);
8 C.F.R. 1003.2(c)(2). The respondent does not dispute the untimeliness of his motion, but
requests that the Board exercise its sua sponte authority to reopen his proceedings in the interests
of justice. See 8 C.F.R. 1003.2(a). The Department of Homeland Security ("DRS") opposes
the motion or in the alternative, requests the motion be held in abeyance pending the United
States Court of Appeals for the Seventh Circuit's decision in this matter.
Considering the circumstances and evidence presented, the proceedings are reopened under
the provisions of 8 C.F.R. 1003.2(a)(l) to provide the respondent a further opportunity to
demonstrate his eligibility for a waiver under section 216(c)(4) of the Immigration and
Nationality Act, 8 U.S.C. (c)(4) and for the Immigration Judge to make an explicit credibility
determination. See Hernandez Lara v. Lynch, 789 F.3d 800 (7th Cir. 2015). Further, we see no
reason to hold this motion in abeyance where the pending petition for review only deals with the
Immigration Judge's denial of the respondent's request for a continuance.
ORDER: The motion to reopen is granted.

The respondent's previously filed timely motion to reconsider with the Board automatically
terminated the prior grant of voluntary departure. 8 C.F.R. 1208.(c)(3)(iii), (e)(l) (effective
January 20, 2009).
Cite as: Mohamed Bouras, A089 601 787 (BIA Nov. 24, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

A08 601 787


.FURTHER ORDER: The record is remanded to the Immigration Court for further
proceedings not inconsistent with the foregoing opinion and for the entry of a new decision.2

The parties should advise the United States Court of Appeals for the Seventh Circuit of the
Board's decision.
2

2
Cite as: Mohamed Bouras, A089 601 787 (BIA Nov. 24, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

FOR THE BOARD