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Department of Justice
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Cynthia L. Crosby
Acting Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John
Userteam: Docket
Cite as: Ketlie Augustin, A097 199 166 (BIA March 17, 2017)
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MAR 1 7 2017
In re: KETLIE AUGUSTIN
MOTION
ORDER:
The respondent filed the instant motion to reopen seeking termination to enable her to apply
for adjustment of status before the United States Citizenship and Immigration Services (USCIS).
See section 240(c)(7) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R.
1003.2(c). The Department of Homeland Security (DHS) has not opposed the motion. The
respondent has offered evidence that she is the beneficiary of a pending visa petition (Form 1-
130) filed by her United States citizen spouse. After having been granted Temporary Protected
Status (TPS), she returned to the United States pursuant to a grant of advance parole on August
10, 2016. She has offered evidence that she and her spouse are the parents of 2 United States
citizen children. Given the particular circumstances presented, including the evidence of the
pending visa petition, we will grant the respondent's unopposed motion to reopen and terminate
proceedings without prejudice. See Matter of J-J-, 21 I&N Dec. 976, 984 (BIA 1997); 8 C.F.R.
1003.2(a). Accordingly, the motion to reopen is granted.
FURTHER ORDER: The removal proceedings are terminated without prejudice and the
record is returned to the Immigration Court without further Board action.
Cite as: Ketlie Augustin, A097 199 166 (BIA March 17, 2017)