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U.S.

Department of Justice

Executive Office for Immigration Review


Board ofImmigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suile 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - ATL


180 Ted Turner Dr., SW, Ste 332
Atlanta, GA 30303

Name: IDRIES, HAMZA HUSSEIN

A 200-355-063

Date of this notice: 10/12/2016

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

bonrtL CtVvu
Donna Carr
Chief Clerk
Enclosure
Panel Members:

Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index/
Cite as: Hamza Hussein Idries, A200 355 063 (BIA Oct. 12, 2016)

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

Le, Tram Debby P


Elkhalil Law PC
1950 N Park Place
Atlanta, GA 30339

U'.S.DegartmentofJustice
Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Vuginia 22041

File: A200 355 063 - Atlanta, GA

Date:

In re: HAMZA HUSSEIN IDRIES

OCT 1 2 2016

APPEAL AND MOTION


ON BEHALF OF RESPONDENT; Tram Debby P. Le, Esquire
ON BEHALF OF DHS: Sirce E. Owen
Assistant Chief Counsel
APPLICATION: Continuance; adjustment of status
The respondent has appealed the Immigration Judge's September 4, 2015, decision. While
this appeal was pending, the respondent requested a remand in order to pursue an application for
adjustment of status based upon his marriage to a United States citizen. Because we grant the
motion, we need not address the merits of the respondent's appeal.
In support of the respondent's motion he submitted documentation indicating that he married
his United States citizen spouse on September IS, 2015, and that she filed a Petition for Alien
Relative (Form 1-130) on his behalf shortly thereafter. Given our limited fact-finding ability on
appeal and since the respondent may be prima facie eligible for adjustment of status, we will
remand the record to the Immigration Judge for further proceedings. See 8 C.F .R.
1003.l(d)(3)(iv) (providing that where "further fact finding is needed in a particular case, the
Board may remand the proceeding,,); see generally Matter of Hashmi, 24 I&N Dec. 785 (BIA
2009) (a motion to continue ongoing removal proceedings to await the adjudication of a pending
family-based visa petition should generally be granted if approval of the visa petition would
render the alien prima facie eligible for adjustment of status). At the reopened hearing, the
respondent retains the burden of showing that he is eligible for adjustment of status and that he
merits such relief in the exercise of discretion.
Accordingly, the following order shall be entered:
gration Judge for further action or proceedings
ORDER: The record is remanded to the
consistent with the foregoing opinion and the entry f a new decision.

Cite as: Hamza Hussein Idries, A200 355 063 (BIA Oct. 12, 2016)

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

IN REMOVAL PROCEEDINGS

File: A200-355-063

September 4, 2015

In the Matter of
)
)
)
)

HAMZA HUSSEIN IDRIES


RESPONDENT

IN REMOVAL PROCEEDINGS

CHARGE:

Section 237(a)(1)(B) of the Immigration and Nationality Act.

APPLICATION:

Motion for a continuance.

ON BEHALF OF RESPONDENT: HASSAN ELKHALIL


1950 North Park Place, S.E .. Suite 550
Atlanta, Georgia 30339
ON BEHALF OF OHS: PHILIP A. BARR, Assistant Chief Counsel

ORAL DECISION OF THE IMMIGRATION JUDGE


This case came before the Court as a result of the Notice to Appear that was
issued by the Department of Homeland Security. The charging document alleges that
the respondent is a native and citizen of Jordan and that he is removable from the

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

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA

United States pursuant to Section 237(a)(1)(8) of the Immigration and Nationality Act.
The respondent admits the factual allegations in the Notice to Appear and concedes

that the respondent is removable from the United States as charged. The Court
sustains the charge of removal and designates Jordan.
The case was first heard by the Court at a hearing on June 23, 2015. The
respondent was granted a continuance to get a lawyer.
When the case resumed on July 23, 2015, the respondent was represented by
counsel. The respondent's counsel indicated that the respondent planned to file a
request for prosecutorial discretion within a reasonable time and planned to seek
asylum. The Court continued the case for the filing of an asylum application at today's
hearing.
At today's hearing, the respondent has not filed an asylum application.
Apparently, the Government has denied prosecutorial discretion in this case because
the Government has concerns that the prior marriage was entered into fraudulently.
The Court notes that the Government has withdrawn any allegations of fraud in
connection with this case. Nevertheless, the record appears clear that the Government
has denied prosecutorial discretion in this case.
Respondent has asked for a further continuance in this case. He says that he
plans to marry and plans to thereafter file an 1-130. The respondent has been given
sufficient time to file for any and all forms of relief that he might otherwise be eligible for.
He has not shown that a further continuance should be granted in this case. There is
presently no application pending. Indeed, the respondent is not even prima facie
eligible for relief in this case.
In light of the foregoing, the Gourt will enter the following order.

A200-355-063

September 4, 2015

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

removability. Based on the foregoing, the Court finds by clear and convincing evidence

ORDER
IT IS HEREBY ORDERED the respondent be removed from the United States

Jordan.

Please see the next page for electronic


signature

A200-355-063

EARLE B. WILSON
Immigration Judge

September 4, 2015

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

based on the charge set forth in the Notice to Appear and that he be deported to

.. //s//

Immigration Judge EARLE B WILSON

A200-355-063

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

wilsone on November 17, 2015 at 5:56 PM GMT

September 4, 2015