U.S.

Department of tlustice
Executive Office for Immigration Review
Board of immigration Appeals
Office ofthe Clerk

5107 Leesburg Pike. Suite 2000

Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - SND

880 Front St., Room 2246
San Diego, CA 92101-8834

Name: GALVAN GUTIERREZ, DARIO

A 098-035-686

Date of this notice: 2/25/2016

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

DOWtL C

t1ftA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David 8.

Userteam: Docket

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Cite as: Dario Galvan Gutierrez, A098 035 686 (BIA Feb. 25, 2016)

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

Tracy, Kevin Michael

Law Office Kevin M. Tracy
16466 Bernardo Center Drive, Suite 270
San Diego, CA 92128

Decision of the Board of Immigration Appeals

U.S. Department of Justice

Executive Office for Immigration Review

Falls Church, Virginia 22041

Date:

File: A098 035 686 - San Diego, CA

FEB 2 5 2016

In re: DARIO GALVAN GUTIERREZ

MOTION
ON BEHALF OF RESPONDENT: Kevin M. Tracy, Esquire
ON BEHALF OF DHS: Pamela Ataii
Assistant Chief Counsel
The respondent is a native and citizen of Mexico. We issued a final order in this case on
December 17, 2015. We affirmed an Immigration Judge's decision denying the respondent's
request for administrative closure of these proceedings pending adjudication of this Board of an
appeal of a decision denying a Petition for Alien Relative (Form 1-130). The immediate relative
visa petition was filed by the respondent's wife on his behalf. The parties have now filed a
"Joint Motion To Reconsider", which will be granted.
Even though the respondent's wife apparently filed her appeal with the Department of
Homeland Security, United States Citizenship and Immigration Services (USCIS) in
November, 2014, to date, USCIS has not forwarded the record of visa petition proceedings to
this Board for consideration of his appeal. Considering the totality of the circumstances
presented in this case, including that the visa petition appeal has now been pending for more than
a year, we conclude that it is appropriate to reopen, and then administratively close, these
removal proceedings pending receipt of the record of visa petition proceedings. See Matter of
Avetisyan, 25 I&N Dec. 688 (BIA 2012). This is apparently the result that the parties seek
through their joint motion.
If either party to this case wishes to reinstate the proceedings, a written request to reinstate
the proceedings may be made to the Board. The Board will take no further action in the case
unless a request is received from one of the parties. The request must be submitted directly to
the Clerk's Office, without fee, but with certification of service on the opposing party.
Accordingly, the following order will be entered.
ORDER: The proceedings before the Board of Immigration Appeals in this case are
reopened, and then administratively closed.

FOR THE BOARD

Cite as: Dario Galvan Gutierrez, A098 035 686 (BIA Feb. 25, 2016)

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

IN REMOVAL PROCEEDINGS