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U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals


Office of the Clerk
5107 Leesburg Pike, Suite 2000
Fall.s Church. Virginia 20530

Greene, Chris E

OHS/ICE Office of Chief Counsel - CHL


5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212

Name: PEREZ TORO, VALERY MURIEL

A 200-204-318

Date of this notice: 3/10/2015

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

DCYUtL ct1IVt)
Donna Carr

Chief Clerk

Enclosure
Panel Members:
Pauley, Roger

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index
Cite as: Valery Muriel Perez Toro, A200 204 318 (BIA March 10, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Greene & Associates


5500 Executive Center Dr, Suite 222
Charlotte, NC 28212

U.S. Department of Justice

Decision of the Board of Immigration Appeals

E:ecutive Office for Immigration Review


Falls Church, Virginia 20530

File: A200 204 318 - Charlotte, NC


In

MAR 10 2015

re: VALERY MURIEL PEREZ TORO


REMOVAL PROCEEDINGS

APPEAL
ON BEHALF OF RESPONDENT: Chris Greene, Esquire
APPLICATION: Reopening
The respondent, a native and citizen of Chile, appeals _from the Immigration Judge's.
August 6, 2014, decision denying her motion to reopen. The Department of Homeland Security
does not oppose this appeal. The respondent's request for oral argument is denied. See 8 C.F.R.
1003. I (e)(7). The record will be remanded to the Immigration Court for further proceedings
and the entry of a new decision.
We review findings of fact, including credibility findings, for clear error. See 8 C.F.R.
1003.l(d)(3)(i). We review questions of law, discretion, or judgment, and all other. issues de
novo. See 8 C.F.R. 1003.l(d)(3)(ii).
The respondent was ordered removed on April 1, 2014. On July 24, 2014, the respondent
filed a motion to reopen based on her marriage to a United States citizen
(Resp. Motion to Reopen at 2, Tabs D-E). The respondent acknowledges that her motion is
untimely but requests sua sponte reopening in light of the specific facts and circumstances in her
case. See 8 C.F.R. 1003.23(b) (generally requiring that a motion to reopen be filed within
90 days of the Immigration Judge's administratively final decision but allowing for an
Immigration Judge to exercise sua sponte authority to reopen proceedings in some instances);
Matter of J-J-, 21 I&N Dec. 976 (BIA 1997). However, as the respondent accurately observes,
the Immigration Judge did not address her request for sua sponte reopening (Resp. Brief at 2-4;
I.J. at 1). See Matter of A-P-, 22 l&N Dec. 468, 473-74 (BIA 1999) (vesting the Immigration
Judges with the responsibility for "ensuring the substantive completeness of the decision").
In

light of our limited fact finding authority on appeal and in the absence of a complete
decision from the Immigration Judge, we will remand the record for the Immigration Judge to
consider the respondent's sua sponte request and for the entry of a new decision. On remand, the
parties will be given an opportunity to present evidence to assist the Immigration Judge in
issuing a new decision. 1
1

We note that on February 9, 2015, the respondent submitted an Application to Adjust Status
(Form I-485), as well as an approval notice for the visa petition filed on her behalf by her United
States citizen husband, both of which are relevant and. may assist the Immigration Judge in
considering the respondent's request for sua sponte reopening in the course of remanded
proceedings (Resp.'s Motion to Remand).
Cite as: Valery Muriel Perez Toro, A200 204 318 (BIA March 10, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN

Date:

A200 204 318

Accordingly, the following order will beentered.

ORDER:

The record will be remanded to the Immigration Judge for further proceedings and

for the entry of a new decision .

Immigrant & Refugee Appellate Center | www.irac.net

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Cite as: Valery Muriel Perez Toro, A200 204 318 (BIA March 10, 2015)

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UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW


IMMIGRATION COURT
5701 EXECUTIVE CENTER DR.
CHARLOTTE,

CHRS E.,

INC.

ESQ

5500 EXECUTIVE CENTER DRIVE,


CHARLOTTE

NC

#400

28212

Immigrant & Refugee Appellate Center | www.irac.net

GREEN & ASSOCIATES,


GREENE,

NC

STE.

222

28212
Date:

Aug 6,

. :ii
'4\f

2014

File A200-204-318
In the Matter of:
PEREZ TORO,

: -.
,L.
11; .

VALEY MURIEL

Attached is a copy of the written decision of the Immigration Judge.


This decision is final unless an appeal is taken to the Board of
Immigration Appeals.
Notice of Appeal,
Representative,

The enclosed copies of FORM EOIR 26,

and FORM EOIR 27,

properly executed,

Notice of Entry as Attorney or


must be filed with the Board of

Immigration Appeals on or before


The appeal must be accompanied by proof of paid fee

($110. 00)

Enclosed is a copy of the oral decision.


Enclosed is a transcript of the testimony of record.

to submit a brief

You are granted until

to this office in support of your appeal.


osing counsel is granted until

to submit a

brief in opposition to the appeal.

Enclosed is a copy of the

-/decision

of the Immigration Judge.

All papers filed with the Court shall be accompanied by proof


of service upon opposing counsel.
'

cc:

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.

ESQ

LISA DURANT.,

5701 XECUTIVE CENTER DR,


CHARLOTTE,

.,

NC

28212

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0.rNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW


U.S. IMMJGRATION COURT
5701 Executive Center Drive, Suite 400
Charlotte, North Carolina 28212

CASE NO. A200..204 J18


..

ALIEN ATTORNEY: Chris E. Greene.,Esq

DECISION ON A MOTION.

IN

[ ] DEPORTATION
ONLY

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[ ] EXCLUSION ( X

) REMOVAL PROCEEDINGS

) AOC ASYLUM

RESPONDENT'S MOTION TO REOPEN


has been filed in the above
A
captioned case. The Motion has been duly considered and it appe,s:'to the Court that:

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[ ] The request is timely and reasonable. Therefore, IJ>IS HEI.ffiY ORDERED that the
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Motion be GRANTED.
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{A'The Motion.has been duly onsidered and it ;pi;1iJ Court f.:,ubStantial grounds
4 be1aeq to 'arran grant. Therefore, IT IS HEREBY OJWBRED
that the Motion

and pl ame IS hereby DENIED.

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Immigrant & Refugee Appellate Center | www.irac.net

IN THE MATTER OF: Valery Perez Toro,

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Hon. THERESA HOLMES-SIMMONS


U.S. Immigration Judge

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This document was served to:


[ X ] District Counsel
[ X ] Counsel for Respondent I Applicant
[ :X .] Responde
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