Arsalan Azeem, A099 030 766 (BIA May 20, 2013)
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Immigrant & Refugee Appellate Center, LLCArsalan Azeem, A099 030 766 (BIA May 20, 2013)
Uploaded by
Immigrant & Refugee Appellate Center, LLCU.S.
Department of Justice Executive Office for Immigration Review
Board ofImmigration Appeals Office ofthe Clerk
5!07 l.ccsb11rg Pike. S11i1e 2000 Falls Cl111rcl1. Virgi11ia 21041
Gania,Edwin T., Esq. 35 E. Wacker Dr., 9th FL Chicago,IL 60601
OHS/ICE Office of Chief Counsel CHI 525 West Van Buren Street Chicago, IL 60607
Immigrant & Refugee Appellate Center | www.irac.net
Name:AZEEM,ARSALAN
A 099-030-766
Date of this notice: 5/20/2013
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DOYlnL ct1/VL)
Donna Carr Chief Clerk
Enclosure Panel Members: Holmes, David B.
williame Userteam: Docket
Cite as: Arsalan Azeem, A099 030 766 (BIA May 20, 2013)
U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 22041
Decision of the Board of Immigration Appeals
File:
A099 030
766
Chicago, IL
Date:
MAY .2 0 2013
In re: ARSALAN AZEEM IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: Edwin T. Gania, Esquire
Immigrant & Refugee Appellate Center | www.irac.net
William C. Padish Assistant Chief Counsel
APPLICATION: Reopening
ORDER: The respondent has submitted a timely motion to reopen proceedings to await the adjudication of an I-130 visa petition filed by his United States citizen wife. The Department of Homeland Security opposes reopening. Upon consideration of the evidence submitted with this motion and the record in this case, we conclude that reopening is warranted. Matter
of Velarde,
23 l&N Dec. 253 (BIA2002). In so reopening and remanding, we intimate no opinion regarding the respondent's ultimate eligibility for the relief requested, and the respondent will bear the burden on remand of demonstrating that he is eligible for adjustment of status and merits such relief in the exercise of discretion. The motion to reopen is granted.
FURTHER ORDER:
The record is remanded to the Immigration Court for further
proceedings consistent with the foregoing opinion and for the entry of a new decision.
FOR THE BOARD
Cite as: Arsalan Azeem, A099 030 766 (BIA May 20, 2013)
