U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Of
f ice ofthe Clerk

5107 Leesburg Pike, Suite 2000

Falls Church, Virgm1a 22041

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

Solomiany, Alex OHS/ICE Office of Chief Counsel - MIA
ALEX SOLOMIANY, P.A. 333 South Miami Ave., Suite 200
999 BRICKELL AVENUE PH1102 Miami, FL 33130
Miami, FL 33131

Name: MASSON-ORTA, RUBEN A 025-408-267

Date of this notice: 11/9/2017

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

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Ruben Masson-Orta, A025 408 267 (BIA Nov. 9, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A025 408 267 - Miami, FL Date: NOV -

9 2017

In re: Ruben MASSON-ORTA a.k.a. Ruben Masson a.k.a Masson El Gordo

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

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Alex Solomiany, Esquire

ON BEHALF OF OHS: Natalie Diaz

Assistant Chief Counsel

APPLICATION: Reopening

This case was last before us on July 17, 2002, when we dismissed the respondent's appeal from
the Immigration Judge's March 9, 2000, decision. The respondent has now filed an untimely
motion to reopen proceedings on March 27, 2017. See 8 C.F.R. 1003.2(c). The Department of
Homeland Security (OHS) opposes the motion, which will be granted.

In his motion, the respondent requests a remand to pursue adjustment of status pursuant to
section 245(a) of the Act. He argues that, pursuant to Lanier v. U.S. Attorney General, 631 F.3d
1361 (11th Cir. 2011), he is now eligible for adjustment of status in conjunction with a waiver of
inadmissibility pursuant to section 212(h) of the Immigration and Nationality Act. 8 U.S.C.
1182(h). He argues that the Eleventh Circuit's recent decision represents a "compelling and
fundamental change in law." warranting sua sponte reopening pursuant to Matter ofG-D-, 22 I&N
Dec. 1132 (BIA 1999). Given the respondent's argument, the Eleventh Circuit's Lanier decision,
and our own recent precedent decisions touching on the issues involved in the respondent's current
motion, we will remand the record for further proceedings regarding the respondent's eligibility
for adjustment of status. See generally Matter of J-H-J-, 26 l&N Dec. 563, 564 (BIA 2015); see
also Matter of Vella, 27 I. & N. Dec. 138, 141 (BIA 2017). As such, the following order will be
entered.

ORDER: The record is remanded to the gration Court for further proceedings consistent
with the foregoing decision.

Cite as: Ruben Masson-Orta, A025 408 267 (BIA Nov. 9, 2017)