U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 leesburg Pike, Swte 2000

Falls Church, Virgm1a 22041

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

OHS/ICE Office of Chief Counsel MIA
333 South Miami Ave., Suite 200
Miami, FL 33130

Name: AUGUSTIN, KETLIE A 097-199-166

Date of this notice: 3/17/2017

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

Sincerely,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure

Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Ketlie Augustin, A097 199 166 (BIA March 17, 2017)
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U.S. Department of Justice Decision of the Board oflmmigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A097 199 166 - Miami, FL Date:

MAR 1 7 2017
In re: KETLIE AUGUSTIN

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

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Pro se

APPLICATION: Reopening; termination

ORDER:

The respondent filed the instant motion to reopen seeking termination to enable her to apply
for adjustment of status before the United States Citizenship and Immigration Services (USCIS).
See section 240(c)(7) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R.
1003.2(c). The Department of Homeland Security (DHS) has not opposed the motion. The
respondent has offered evidence that she is the beneficiary of a pending visa petition (Form 1-
130) filed by her United States citizen spouse. After having been granted Temporary Protected
Status (TPS), she returned to the United States pursuant to a grant of advance parole on August
10, 2016. She has offered evidence that she and her spouse are the parents of 2 United States
citizen children. Given the particular circumstances presented, including the evidence of the
pending visa petition, we will grant the respondent's unopposed motion to reopen and terminate
proceedings without prejudice. See Matter of J-J-, 21 I&N Dec. 976, 984 (BIA 1997); 8 C.F.R.
1003.2(a). Accordingly, the motion to reopen is granted.

FURTHER ORDER: The removal proceedings are terminated without prejudice and the
record is returned to the Immigration Court without further Board action.

Cite as: Ketlie Augustin, A097 199 166 (BIA March 17, 2017)