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Garza, Martha E., Esq Garza & Associates 4545 Bissonnet, Suite 230 Bellaire, TX 77401
OHS/ICE Office of Chief Counsel - HOU 126 Northpoint Drive, Suite 2020 Houston, TX 77060
A 088-063-861
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DorutL ct1/VL)
Donna Carr Chief Clerk
Cite as: Ernesto Gonzalez-Valencia, A088 063 861 (BIA May 14, 2013)
File:
Date:
MAY 14 2013
In re: ERNESTO GONZALEZ-VALENCIA IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: Martha E. Garza, Esquire
APPLICATION:
Reconsideration; reopening
This matter was last before the Board on February 28, 2013, when we dismissed the respondent's appeal from the Immigration Judge's decision denying his application for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i). be denied. A motion to reconsider must identify an error of fact or law in the Board's prior decision. U.S.C. 1229a(c)(6); 8 C.F.R. 1003.2(b); The respondent has filed a timely motion to reconsider and to reopen. The Department of Homeland Security (DHS) has filed an opposition to the motion. The motion wiJI
Matter of 0-S-G-,
identified any error in the Board's last decision. Accordingly, reconsideration will be denied. The respondent has also not established a basis for reopening proceedings. He has submitted evidence showing that the U.S. Citizenship and Immigration Services granted him Deferred Action for Childhood Arrivals (Mot. Exh. B). He states that he seeks to have his removal proceedings administratively closed. However, as the DHS correctly argues, the fact that the respondent's removal is being deferred is not a basis to reopen or administratively close proceedings. Administrative closure, which is available to an Immigration Judge and the Board, is used to temporarily remove a case from an Immigration Judge's active calendar or from the Board's docket.
the respondent's proceedings have been completed, and closure would serve no purpose. Furthermore, the respondent has not established that he would be eligible for any other relief that could be granted if proceedings were reopened. ORDER: The respondent's motion is denied.
Cite as: Ernesto Gonzalez-Valencia, A088 063 861 (BIA May 14, 2013)