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

Guerra, Lisa., Esq The Guerra Law Firm, LLC 777 E. Girand Ave., Suite 210 Englewood, CO 80113

OHS/ICE Office of Chief Counsel 12445 East Caley Avenue Centennial, CO 80111-5663

DEN

Immigrant & Refugee Appellate Center | www.irac.net

Name: RUIZ-WITCHAR, FRANCISCO

A 087 951-655

Date of this notice: 7/17/2013

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

DorutL ct1/VL)
Donna Carr Chief Clerk

Enclosure
Panel Members: Holmes, David B.

lucasd Userteam: Docket

Cite as: Francisco Ruiz-Witchar, A087 951 655 (BIA July 17, 2013)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board oflmmigration Appeals

File:

A087 951 655 - Denver, CO

Date:

JUL 1 7 2013

In re: FRANCISCO RUIZ-WITCHAR a.k.a. Albino Guadalupe Ruiz-Witchar IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: APPLICATION: Reopening Lisa A. Guerra, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

ORDER: This matter was last before the Board on May 9, 2013, when we dismissed the respondent's appeal and denied his motion to remand. The respondent has filed a timely motion to reopen, seeking to apply for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a), based on a pending visa petition filed by his spouse. See Matter of Velarde, 23 l&N Dec. 253, 256 (BIA 2002). The Department of Homeland Security (DHS) has not responded to the motion. In view of the evidence presented, and the lack of any opposition from the DHS, the respondent's motion to reopen is granted, and the record is remanded to the Immigration Court for further proceedings, and for the entry of a new decision. We express no views as to the ultimate outcome of the respondent's case.

FOR THE BOARD

Cite as: Francisco Ruiz-Witchar, A087 951 655 (BIA July 17, 2013)