lucero, richard law office of richard lucero 643 s olive street #800 los angeles, CA 90014 U.S. Department of Justice Executive Office r Immigration Review Board ofImmigration Appeals Office ofthe Clerk 5107 Leesburg Pi, Suite 2000 Fas Church, Virginia 22041 OHS/ICE Office of Chief Counsel - LOS 606 S. Olive Street, 8th Floor Los Angeles, CA 90014 Name : MARTINEZ-LOPEZ, MIGUEL AN... A 200-243-233 Date of this notice: 11/24 /2015 Enclosed is a copy of the Board's decision and order in the above-referenced case. Enclosure Panel Members: Grant, Edward R. Sincerely, D C Donna Carr Chief Clerk Userteam: Docket � �.�; __ J. - ··-- .. .... ��! .. . . ...•.. � . �.: ;m;� For more unpublished BIA decisions, visit www.irac.net/unpublished/index/ Immigrant & Refugee Appellate Center, LLC | www.irac.net Cite as: Miguel Angel Martinez-Lopez, A200 243 233 (BIA Nov. 24, 2015)
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Miguel Angel Martinez-Lopez, A200 243 233 (BIA Nov. 24, 2015)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the respondent's priority date for a category 2A family preference visa became current while the appeal was pending. The decision was issued by Member Edward Grant.
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lucero, richard law office of richard lucero 643 s olive street #800 los angeles, CA 90014
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals Office of the Clerk
5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041
OHS/ICE Office of Chief Counsel - LOS 606 S. Olive Street, 8th Floor Los Angeles, CA 90014
Name: MARTINEZ-LOPEZ, MIGUEL AN ... A 200-243-233
Date of th is notice: 11/24/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
U.S. Department of Justice Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
· Falls Church, Virginia 22041
File: A200 243 233 - Los Angeles, CA Date:
In re: MIGUEL ANGEL MARTINEZ-LOPEZ a.k.a Miguel Martinez
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Richard Lucero, Esquire
APPLICATION: Continuance; administrative closure
NOV 2 4 2015
The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's decision dated August 5, 2014, denying his motions for a continuance and administrative closure. The record will be remanded.
The Board reviews an Immigration Judge's findings of fact, including findings as to the credibility of testimony, under a clearly erroneous standard.· See 8 C.F.R. § 1003.l(d)(3)(i). The Board reviews questions of law, discretion, and judgment, and all other issues raised in an Immigration Judge's decision de novo. See 8 C.F.R. § 1003.l(d)(3)(ii).
The Immigration Judge denied the respondent's request for a further continuance because he did not have a visa currently available (I.J. at 4-5). During the pendency of the respondent's appeal, his October 31, 2011, priority date has become current. We take administrative notice of the current State Department Visa Bulletin that lists March 1, 2015, as the cutoff date for category 2A family-preference visas. 1 As the Immigration Judge's denial of a further continuance was based on the absence of an immediately available visa and the respondent's priority date is now current, we will remand the record to allow the respondent to pursue adjustment of status on this basis. In doing so, we express no opinion as to the ultimate resolution of the respondent's applications for relief. See Matter of L-0-G-, 21 I&N Dec. 413, 422 (BIA 1996).
Accordingly, the following order will be entered.
ORDER: The record is remanded to the Immigration Judge (or further proceedings consistent with the foregoing opinion.
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'��AM�R· v> FOR THE BOARD
1 Available at http:// travel.state.gov I content/visas/ en/law-and-policy /bulletin/2016/visa-bulletinfor-november-2015 .html.