U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk

5/07 Leesburg Pike, Suite 2000

Falls Church, Virginia 220./1

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

Medina-Garcia, America DHS/ICE Office of Chief Counsel - HOU
Jesus A. Macias, P .C. And Associates 126 Northpoint Drive, Suite 2020
9894 Bissonnet Street, Suite 550 Houston, TX 77060
Houston, TX 77036

Name: MIRANDA, LILIAN D. A 07 4-667-323

Date of this notice: 3/16/2017

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

Sincerely,

A._.,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
Kendall Clark, Molly

Usertea m: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Lilian D. Miranda, A074 667 323 (BIA March 16, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

MAR 1 6 2017
File: A074 667 323 -Houston, TX Date:

In re: LILIAN D. MIRANDA a.k.a. Lilian D. Miranda

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

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: America Medina-Garcia, Esquire

APPLICATION: Reopening

This proceeding is currently before the Board on the respondent's untimely filed motion to
reopen. She has now presented documentary evidence to support her original testimony that she
was an arriving alien (Motion to Reopen, Exh. D at pp. 58-59; Tr. at 11). If the respondent was
an arriving alien, she should not have been charged as an alien present in the United State who
has not been admitted or paroled. Further, whether the respondent is an arriving alien is key to
whether she may now pursue an application for adjustment of status before USCIS based on an
approved I-130 visa petition filed by her United States citizen husband. See Matter of Yauri,
25 I&N Dec. 103 (BIA 2009).

Given the circumstances presented, including the lack of any opposition from the Department
of Homeland Security, we will grant the motion to reopen in the exercise of our sua sponte
authority. 8 C.F.R. 1003.2(a). Accordingly, the motion to reopen will be granted and the
record remanded for further proceedings in accordance with this decision, including
consideration of whether the respondent was properly charged as entering without inspection, as
well as consideration of any relief that may be available. The following orders will be issued.

ORDER: The motion to reopen is granted.

FURTHER ORDER: The record is remanded for further proceedings in accordance with this
decision.

Cite as: Lilian D. Miranda, A074 667 323 (BIA March 16, 2017)