U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 Leesburg Pike, Suite 2000

Falls Church, Virginia 22041

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Pamilla, Thomas Damien OHS/ICE Office of Chief Counsel - SFR
Law Offices of Thomas D. Pamilla, APC P 0 Box 26449
. .

3100 Mowry Avenue San Francisco, CA 94126-6449

Suite 200
Fremont, CA 94538

Name: GAMBOA NAJERA, MIGUEL AN .. A 075-253-882

Riders:075-253-883

Date of this notice: 10/19/2017

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

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Kendall Clark, Molly

Sn!tt!1K1
Userteam: Docket

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Cite as: Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

Files: A075 253 882 - San Francisco, CA Date:

A075 353 883
OCT t 9 2017
In re: Miguel Angel GAMBOA NAJERA

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

Elia GAMBOA

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENTS: Thomas D. Pamilla, Esquire

ON BEHALF OF DHS: Eliz.abeth A. Gross

Assistant Chief Counsel

APPLICATION: Reopening; termination of proceedings

The respondents, husband and wife, are citizens of Mexico. Their case was last before the
Board on July 12, 2013, when we administratively closed their proceedings based on the
Department of Homeland Security's (DHS) exercise of prosecutorial discretion.1 On July 31,
2017, the respondents filed a motion2 ultimately seeking termination of their removal proceedings,
without prejudice, to allow them to pursue applications for adjustment of status before the United
States Citizenship and Immigration Services (USCIS) based. on the respectively-approved
immediate relative parental visa petitions filed by their United States citizen (USC) son.

On August 4, 2017, the DHS requested a 30-day extension to file a response to the instant
motion. Although granted a 21-day extension, the DHS has not filed a response to date. Therefore,
the respondents' motion remains unopposed.

1 The respondents filed a petition for review of our August 31, 2010, decision denying their motion
to reopen claiming ineffective assistance by former counsel. By order dated February 13, 2013,
the United States Court of Appeals for the Ninth Circuit granted the Government's unopposed
motion to remand, and remanded the respondents' case to the Board. See Gamboa Najera, et al.
v. Holder, Docket No. 10-72885 (9th Cir. 2013). The Government requested a remand based on

the agreement of the parties to allow the respondents to seek administrative closure based on the
DHS's exercise of prosecutorial discretion. See February 8, 2013, Unopposed Motion to Remand
(filed with the Ninth Circuit) at 1-2.

2 The respondents expressly indicate that the instant motion pertains only to the two of them, not
to their four children

who were parties in the prior proceedings, and at least some of whom have bee n granted deferred
action status pursuant to the Deferred Action for Childhood Arrivals (DACA} initiative. See
Respondents' Motion (filed July 31, 2017) at 3. Therefore, today's decision relates only to
Respondents Miguel Angel Gamboa Najera (A075 253 882) and Elia Gamboa (A075 253 883).

Cite as: Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)
.

A075 253 882 et al.

Based on the overall facts and evidence presented, the respondents have demonstrated
exceptional circumstances warranting reopening in the exercise of our discretion. See 8 C.F.R.
1003.2(a); Matter of J-J-, 21 l&N Dec. 976, 984 (BIA 1997). Moreover, as noted above, the
OHS has not stated any opposition to the respondents' motion.

Accordingly, the respondents' case will be re-calendared, their motion to reopen will be

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

granted, and their removal proceedings will be terminated, without prejudice, so that they may
pursue applications for adjustment of status before the USCIS as parents of a United States citizen.

The following orders will be entered.

ORDER: The respondents' case is re-calendared.

FURTHER ORDER: The motion to reopen is granted.

FURTHER ORDER: The respondents' removal proceedings are terminated, without

prejudice.

Cite as: Miguel Angel Gamboa Najera, A075 253 882 (BIA Oct. 19, 2017)