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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office ofthe Clerk

5107 Leesburg Pike, Suite 2000


Falls Church. Virginia 22041

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


Snavely Ill, Luther OHS/ICE Office of Chief Counsel - LVG
Reza Athari & Associates 3373 Pepper Lane
3365 Pepper Lane, Suite 102 Las Vegas, NV 89120
Las Vegas, NV 89120

Name: GONZALEZ BENITEZ, ADRIAN A .•• A 208-217-647

Date of this notice: 121412017

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

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Kendall Clark, Molly
Guendelsberger, John
Liebowitz, Ellen C

Userteam: Docket

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Cite as: Adrian Arturo Gonzalez Benitez, A208 217 647 (BIA Dec. 4, 2017)
\f.�. Depa.rtment of Justice Decision of the Board of Immigration Appeals
� Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A208 217 647 - Las Vegas, NV Date:


DEC - 4 2017
In re: Adrian Arturo GONZALEZ BENITEZ

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


IN REMOVAL PROCEEDINGS

INTERLOCUTORY APPEAL

ON BEHALF OF RESPONDENT: Luther Snavely, Esquire

The respondent has filed an interlocutory appeal from the Immigration Judge's decision issued
on February 8, 2017, administratively closing the case based on the Department of Homeland
Security's (DHS) prosecutorial discretion. The respondent's appeal will be sustained, the removal
proceeding reinstated, and the record remanded to the Immigration Judge to conduct a merits
hearing.

In August 2015, the OHS issued a Notice to Appear and referred the application to the
Immigration Court for adjudication. The respondent affirmatively filed an application for
cancellation of removal in October 2015. Several hearings were subsequently scheduled and
rescheduled until the Immigration Judge administratively closed the respondent's case during a
hearing held on January 24, 2017, over the respondent's objection. The Immigration Judge
subsequently drafted an oral decision administratively closing the respondent's case, which was
issued on February 8, 2017.

Immigration Judges and the Board may administratively close removal proceedings, even if a
party opposes, if it is otherwise appropriate under the circumstances. See Matter ofAvetisyan,
25 l&N Dec. 688, 690 (BIA 2012). On April 18, 2017, the Board issued Matter of W-Y-U-,
27 I&N Dec. 17 (BIA 2017) clarifying the legal analysis originally set out in Matter ofAvetisyan,
25 I&N Dec. 688. In this matter, while we are fully sympathetic to the Immigration Judge's
concerns regarding the effective utilization of undeniably scarce resources, given the entirety of
circumstances presented, we do not find that the respondent should be precluded from pursuing
his application for cancellation of removal that has been pending since 2015. Accordingly, the
respondent's appeal will be sustained and the record remanded to the Immigration Judge to
conduct a merits hearing.

ORDER: The Immigration Judge's decision issued on February 8, 2017, is vacated, the
removal proceedings are reinstated, and the record is remanded for further proceedings consistent
with this order and for the entry of a new decision.

Cite as: Adrian Arturo Gonzalez Benitez, A208 217 647 (BIA Dec. 4, 2017)