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  • Lulezim Topllari, A076 678 765 (BIA Oct. 25, 2017)

    Diunggah oleh

    Immigrant & Refugee Appellate Center, LLC
    251 tayangan2 halaman
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and remanded the record for consideration of whether to terminate proceedings to allow the respondent to adjust status before USCIS. The Board noted that the respondents were the beneficiaries of approved visa petitions filed by their U.S. citizen child and that USCIS administratively closed their adjustment applications until their removal proceedings were terminated. The decision was issued by Member John Guendelsberger.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and remanded the record for consideration of whether to terminate proceedings to allow the respondent to adjust status before USCIS. The Board noted that the respondents were the beneficiaries of approved visa petitions filed by their U.S. citizen child and that USCIS administratively closed their adjustment applications until their removal proceedings were terminated. The decision was issued by Member John Guendelsberger.

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    251 tayangan2 halaman

    Lulezim Topllari, A076 678 765 (BIA Oct. 25, 2017)

    Diunggah oleh

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and remanded the record for consideration of whether to terminate proceedings to allow the respondent to adjust status before USCIS. The Board noted that the respondents were the beneficiaries of approved visa petitions filed by their U.S. citizen child and that USCIS administratively closed their adjustment applications until their removal proceedings were terminated. The decision was issued by Member John Guendelsberger.

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    dari 2

    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

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


    Petrella, Marisa Claudia OHS/ICE Office of Chief Counsel - DET
    Petrella Brown PLC 333 Mt. Elliott St., Rm. 204
    26211 Central Park Blvd., Ste. 207 Detroit, Ml 48207
    Southfield, Ml 48076

    Name: TOPLLARI, LULEZIM A 076-678-765


    Riders: 076-678-766

    Date of this notice: 10/25/2017

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

    Sincerely,

    Donna Carr
    Chief Clerk

    Enclosure

    Panel Members:
    Guendelsberger, John

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    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index

    Cite as: Lulezim Topllari, A076 678 765 (BIA Oct. 25, 2017)
    U.S. Department of Justice Decision of the Board of Immigration Appeals
    Executive Office for Immigration Review

    Falls Church, Virginia 22041

    Files: A076 678 765 - Detroit, MI Date:


    OCT 2 5 2017

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


    A076 678 766

    In re: Lulezim TOPLLARI


    Florika TOPLLARI

    IN REMOVAL PROCEEDINGS

    MOTION

    ON BEHALF OF RESPONDENT: Marisa C. Petrella, Esquire

    ON BEHALF OF OHS: Sarah Shilvock


    Assistant Chief Counsel

    APPLICATION: Reopening

    On July 12, 2017, the respondents filed an untimely motion to reopen proceedings. The
    Department of Homeland Security (OHS) filed an opposition to the motion, this Board granted a
    stay of removal, and the respondents then supplemented their motion.

    Considering the totality of circumstances presented in the respondents' motion (including their
    supplemental documents}, the proceedings are reopened under the provisions of 8 C.F.R.
    1003.2(a) (2017). The record will be remanded to the Immigration Judge to consider the
    respondents' request for termination of proceedings. The respondents have established that they
    are the beneficiaries of approved Form 1-130 visa petitions filed on their behalf by their United
    States citizen son. Furthermore, the U.S. Citizenship and Immigration Services (USCIS)
    conducted an adjustment of status interview for the respondents and advised the respondents that
    USCIS would temporarily administratively close the adjustment applications until the
    respondents' proceedings were terminated. Given these factors and the many equities presented
    by the motion, we will remand the record for the Immigration Judge to consider the respondents'
    request for termination.

    ORDER: The proceedings are reopened under 8 C.F.R. 1003.2(a) and the record is remanded
    to the Immigration Judge for further proceedings not inconsistent with this order and for the entry
    of a new decision.

    Cite as: Lulezim Topllari, A076 678 765 (BIA Oct. 25, 2017)

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