U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk
5/07 Leesburg Pike, Suite 2000
Falls Church. Virginia 22041

OHS/ICE Office of Chief Counsel - DET

333 Mt. Elliott St., Rm. 204
Detroit, Ml 48207

Name: AWAYE, TUNDE OLAYINKA

A 076-971-012
Date of this notice: 7/1/2016

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

DOWtL Ca.;vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Tunde Olayinka Awaye, A076 971 012 (BIA July 1, 2016)

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

Chavez, Miguel Angel

Akhtar & Associates, PLC
P.0. Box 70311
Rochester Hills, Ml 48307

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A076 971 012 - Detroit, MI

Date:

JUL - 1 2016

IN REMOVAL PROCEEDINGS
MOTION
ON BEHALF OF RESPONDENT: Miguel A. Chavez, Esquire
ON BEHALF OF DHS: Theresa Bross
Assistant Chief Counsel
APPLICATION: Reopening
This case was last before us on September 29, 2005, when we denied the respondent's
motion to reopen. On March 28, 2016, the respondent filed a motion to reopen to apply for
adjustment of status on the basis of an approved visa petition filed by his United States citizen
wife. The Department of Homeland Security (DHS) opposes the respondent's motion.
The respondent has submitted a reply to the DHS' opposition and a motion to accept his
reply. We grant the respondent's request and have considered his reply in adjudicating his
motion to reopen. In addition, we agree with the respondent's claims that many of the objections
raised by the DHS in its opposition are based on inaccurate assertions. Further, we conclude
that, given the totality of the circumstances in his case, the respondent is entitled to a favorable
exercise of our sua sponte authority. We therefore grant the respondent's motion to reopen sua
sponte, and we remand the record to the Immigration Judge for a full hearing on the respondent's
eligibility for adjustment of status.
ORDER: The respondent's motion to reopen is granted, and the record is remanded to the
Immigration Judge for further proceedings consistent with this order.

:,

Cite as: Tunde Olayinka Awaye, A076 971 012 (BIA July 1, 2016)

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

In re: TUNDE OLAYINKA AWAYE