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Department of Justice
Name:BOURAS,MOHAMED
A 089-601-787
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
Wong, Margaret W
Margaret W. Wong
3150 Chester Avenue
Cleveland, OH 44114
Date:
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)
IN REMOVAL PROCEEDINGS
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)