U.S.

Department of ,Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5/07 l.,eesburg Pike, Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - CHI

525 West Van Buren Street
Chicago, IL 60607

Name: HERRERA GARCIA, IVAN ALAIN

A 205-153-898
Date of this notice: 6/30/2015

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

DOn.nL c

l1/VL)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.

Usertea m: Docket

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Cite as: Ivan Alain Herrera-Garcia, A205 153 898 (BIA June 30, 2015)

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Gillhouse, Matthew
MMG Law
6200 Gisholt Drive, Ste. 209
Monona, WI 53713

B.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board oflmmigration Appeals

Falls Church, Virginia 20530

File: A205 153 898 - Chicago, IL

Date:

In re: IVAN ALAIN HERRERA-GARCIA

JUN

302015

APPEAL
ON BEHALF OF RESPONDENT: Matthew Gillhouse, Esquire
ON BEHALF OF DHS:

William C. Padish
Assistant Chief Counsel

APPLICATION: Reopening
The respondent, a native and citizen of Mexico, appeals the Immigration Judge's decision,
dated February 25, 2014, which denied his motion to reopen proceedings to await the
adjudication of his application for a U-visa. While the respondent's appeal was pending, the
United States Citizenship and Immigration Services ("USCIS") approved his U-visa application
and placed the respondent in deferred action status until a U-visa becomes available to the
principal. See Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012) (finding that an alien
having prima facie approval for a U-visa will ordinarily warrant a favorable exercise of
discretion).
After our review, we find a remand appropriate to allow the Immigration Judge to permit the
parties to update the Court regarding the status of the U-visa application. Accordingly, the
following order will be entered.
ORDER: The record is remanded to the Immigrat1 n Judge for further proceedings
consistent with the above opinion.

Cite as: Ivan Alain Herrera-Garcia, A205 153 898 (BIA June 30, 2015)

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

IN REMOVAL PROCEEDINGS

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
525 W. VAN BUREN, SUITE 500
CHICAGO, IL 60607

Date: Feb 26, 2014

File A205-153-898
In the Matter of:
HERRERA GARCIA, IVAN ALAIN

___x__

Attached is a copy of the written decision of the Immigration Judge.

This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
3/27/2014
Immigration Appeals on or before
The appeal must be accompanied by proof of paid fee ($110.00).
Enclosed is a copy of the oral decision.
Enclosed is a transcript of the testimony of record.
You are granted until
to submit a brief
to this office in support of your appeal.
Opposing counsel is granted until
brief in opposition to the appeal.

to submit a

Enclosed is a copy of the order/decision of the Immigration Judge.

All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
Sincerely,
Immigration Court Clerk
cc: WILLIAM C. PADISH, ASST. CHIEF COUNSEL
525 W. VAN BUREN, SUITE 701
CHICAGO, IL 60607

UL

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

MMG Law
Gillhouse, Matthew
6200 Gisholt Drive, Ste. 209
Monona, WI 53713

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
OFFICE OF THE IMMIGRATION JUDGE
CHICAGO, ILLINOIS
A Number: A205 153 898

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of the Department's Opposition to the Respondent's Motion to Reopen
Removal In Absentia/Stay Removal, it is HEREBY ORDERED that the motion be
O GRANTED DENIED because:
D The Department does not oppose the motion.
D The respondent does not oppose the motion.
D A response to the motion has not been filed with the court.
D Good cause has been established for the motion.
D The court agrees with the reasons stated in the opposition to the motion.
D The motion is untimely per.
.
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Immigrant & Refugee Appellate Center, LLC | www.irac.net

In the Matter of: Herrera Garcia, Ivan Alain

IMm{!d,C1..lj e\}, ble. "". <-erV,H-' f'rOC'<'. removo.l . t-toreo .te(", ("espoodH a.uest
record 1hyo\vt(\ OU i's and. n,-t f rn c.hcr[!f S Jo not u.>a,<ra..rrt Q.
Deadlines: -k\.vo\ole.. &erGtse oP d,Sc<"-e...,f 10Y'),. Resp,rr1ent ca.r-- p,H'"Sue. -\he -;j
.
D The application(s) for relief must be filed by
y
D The respondent must comply with the Department's biometrics inslructions b

de'(\vo,tive.

uVlSA Pro""" (HJi-s.1 d e..

+he. Uh, +ed Stal-es

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d / as /aDIY

Date

C1ificate of Service
This document was served by:
IE' Mail
D Personal Service
To: D Alien D Alien c/o Custodial Officer WAlien's Atty/Rep [YDepartment
Date:

Laou

By: Court Staff_----1-,.j

J-L.-----

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
525 W. VAN BUREN, SUITE 500
CHICAGO, IL 60607

IN THE MATTER OF
HERRERA GARCIA, IVAN ALAIN

FILE A 205-153-898

DATE: Jan 23, 2014

UNABLE TO FORWARD - NO ADDRESS PROVIDED

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION
IS FINAL UNLESS ANAPPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO:
BOARD OF IMMIGRATION APPEALS
OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 20530
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT
OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE
WITH SECTION 242B (c} (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U. S. C.
SECTION 1252B (c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240 (c) (6),
8 U.S. C. SECTION 1229a (c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:

IMMIGRATION COURT
525 W. VAN BUREN, SUITE 500
60607

OTHER: :lt---40,-_.

CC: WILLIAM C. PADISH, ASST. CHIEF COUNSEL

525 W. VAN BUREN, SUITE 701
CHICAGO, IL, 60607

COURT

FF

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

MMG Law
Gillhouse, Matthew
6200 Gisholt Drive, Ste. 209
Monona, WI 53713

-
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
HEARING LOCATION: CHICAGO, IL

IN REMOVAL PROCEEDINGS

IN MATTER OF
HERRERA GARCIA, IVAN ALAIN
RESPONDENT

ORDER OF THE IMMIGRATION JUDGE

STAY OF REMOVAL
The above named respondent has applied for a stay of removal in connection with a
motion to reopen/motion to reconsider. Upon consideration of the representations and
submissions made by and on behalf of the respondent and the Department of Homeland
Security, it is
ORDERED that the application for a stay of removal be:

[ ]

Granted, to be effective until determination of such motion.

'

Copy of this decision has been served on the responden and the Department o o eland Secur!1:y

r
.
Date:
Robert D. Vinkoor
Immigration Judge

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

FILE A205-153-898