U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 leesburg Pike, Suite 2000

Falls Church. Vtrgm1a 22041

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

Haber, Ronald Neal OHS/ICE Office of Chief Counsel - MIA
Ronald Haber, PA 333 South Miami Ave., Suite 200
1001 Brickell Bay Drive Miami, FL 33130
Suite 1712
Miami, FL 33131

Name: ALCIDE, DIEUSEUL A 073-767-336

Date of this notice: 9/6/2017

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

Sincerely,

Cynthia L. Crosby
Deputy Chief Clerk

Enclosure

Panel Members:
Kendall .Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Dieuseul Alcide, A073 767 336 (BIA Sept. 6, 2017)
 .

U.S. Department of Justice Decision of the Board oflmmigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A073 767 336 - Miami, FL Date:

SEP - 6 2017
In re: Dieuseul ALCIDE

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

IN EXCLUSION PROCEEDINGS

MOTION

ON BEHALF OF APPLICANT: Ronald Haber, Esquire

APPLICATION: Reopening

This matter was last before the Board on July 21, 2005, when we dismissed the applicant's
appeal. On February 27, 2017, more than 11 years after the Board's order, the applicant filed a
motion to reopen. The Department of Homeland Security (DHS) has not responded to the motion.
The motion will be granted and the record will be remanded to the Immigration Court.

In the motion, the applicant seeks that his proceedings be reopened to allow him to apply for
adjustment of status under the Haitian Refugee Immigrant Fairness Act of 1998. The respondent
has presented evidence indicating that he has a stepson who is severely disabled and non-verbal at
age 11, and he is essential to the household and the child. In view of the circumstances presented
and the lack of opposition by the OHS, the motion will be granted under the Board's sua sponte
authority. 8 C.F.R. 1003.2(a). Accordingly, the proceedings are reopened, and the record will
be remanded to the Immigration Court for further proceedings to determine the respondent's
eligibility for adjustment of status. We express no views as to the ultimate outcome of the
respondent's case.

ORDER: The motion to reopen is granted, and the record is remanded to the Immigration
Judge for further proceedings consistent with this decision, and for the entry of a new decision.

'""!\_
_ OR THE BOARD
_

Cite as: Dieuseul Alcide, A073 767 336 (BIA Sept. 6, 2017)