LEE, MARK JAIME BARRON, P.C. 12240 INWOOD ROAD, SUITE 300 DALLAS, TX 75244

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

DHS/ICE Office of Chief Counsel- DAL 125 E. John Carpenter Fwy, Ste. 500 lrvi,ng, TX 75062-2324

Name: HERNANDEZ-RODRIGUEZ, MAR. •. A 089-566-220

Date of this notice: 10/25/2012

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

Enclosure

Panel Members: Miller, Neil P.

Sincerely,

DcrutL c tYVLJ

Donna Carr Chief Clerk

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Userteam: Docket

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Cite as: Maria Hernandez-Rodriguez, A089 566 220 (BIA Oct. 25, 2012)

U.S. Department of Justice · Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A089 566 220 - Dallas, TX Date: ocr : J·izo12 In re: MARIA HERNANDEZ-RODRIGUEZ

IN REMOVAL PROCEEDINGS

MOTION .

ON BEHALF OF RESPONDENT: Mark Lee, Esquire

APPLICATION: Reopening

On February 29, 2012, the Board dismissed the respondent's appeal from the June 25, 2010, decision in which the Immigration Judge determined that the respondent had abandoned her application for adjustment of status under section 245(a) ofthe Immigration and Nationality Act, 8 U.S.C. § 1255(a), for failure to file the application in a timely manner. On June 5, 2012, the respondent filed the instant motion to reopen in which she alleges ineffective assistance of counsel on the part of her former attorney. The Department of Homeland Security has not opposed the motion. See 8 C.F.R. § 1003.2(g). The motion will be granted.

The respondent has complied with the procedural requirements for an ineffective assistance of counsel claim before the Board. See Matter of Lozada, 19 I&N Dec. 637 (BIA 1988). She has also offered evidence in support of an application for adjustment of status that reveals her prima facie eligibility for adjustment of status as the parent of a United States citizen at the time of the removal hearing. Upon consideration of the evidence before us, it appears that the respondent suffered prejudice as a result of her former attorney's handling of her case. ld. at 640.

Although the respondent's motion is untimely by 6 days, in light of the particular circumstances present in this case, the Board will exercise its sua sponte authority and grant this unopposed motion to reopen. See 8 C.F.R. § 1 003.2(a). Accordingly, the proceedings will be reopened and the record remanded to the Immigration Judge for consideration of the respondent's application for adjustment of status, and for other action as may be deemed appropriate.

ORDER: The motion to reopen is granted.

FURTHER ORDER: The record is remanded to the Immigration Judge for further proceedings consistent with this decision.

~::f?C----FOR THE BOARD

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igrant & Refugee A

ppellate Center | w

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Cite as: Maria Hernandez-Rodriguez, A089 566 220 (BIA Oct. 25, 2012)