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Department of Justice
Executive Office for Immigration Review
A 200-141-905
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely~
DCrutL c
WlA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David B.
Userteam: Docket
Cite as: Luis Muniz, A200 141 905 (BIA Jan. 26, 2015)
Klosowski, Laura
Katz Law Office, Ltd.
3157 N. California Ave.
Chicago, IL 60618
Date:
fJAN 26 2015
MOTION
ON BEHALF OF RESPONDENT: Laura Klosowski, Esquire
APPLICATION: Reopening
ORDER:
This matter was last before us on August 29, 2014, when we dismissed the respondent's
appeal and upheld the Immigration Judge's discretionary denial of voluntary departure on the
basis that the respondent had not established any positive equities to outweigh the negative factor
of his criminal history. The respondent has filed a timely motion to reopen removal proceedings
to seek voluntary departure based on the fact that, subsequent to his last removal hearing, he
became a father to a United States citizen child and married the child's mother, who is also a
United States citizen (Mot. Exh. C-E). He also seeks a stay of removal and administrative
closure of his removal proceedings. The Department of Homeland Security has not filed a
response to the motion.
Considering the circumstances presented, the motion to reopen is granted and the record is
remanded to the Immigration Judge for further consideration of the respondent's eligibility for
voluntary departure and any other form of relief for which he may presently be eligible.
Accordingly, the respondent's request for a stay of removal is moot.
FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings not inconsistent with this order and entry of a new decision.
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FOR THE BOARD
Cite as: Luis Muniz, A200 141 905 (BIA Jan. 26, 2015)
IN REMOVAL PROCEEDINGS