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 2204 l

OHS/ICE Office of Chief Counsel - ATL

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

Name: CHEN, YU QING

A 077-977-214
Date of this notice: 10/20/2016

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

DorutL c

t1IVt.)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

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Cite as: Yu Qing Chen, A077 977 214 (BIA Oct. 20, 2016)

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

Torres, Alexa
The Law Office of Richard Tarzia
P.O. Box 489
Belle Mead, NJ 08502

U.S. Dep'11rtment of Justice

Executive Office for Immigration Review

Decision ofthe Board of Immigration Appeals

Falls Church, Virginia 22041

File: A077 977 214 -Atlanta, GA

Date:

OCT 2 0 2016

In re: YU QING CHEN

APPEAL
ON BEHALF OF RESPONDENT: Alexa T. Torre Esquire
APPLICATION: Reopening; termination of proceedings
ORDER:
The respondent, a citizen of the People's Republic of China, has appealed from the
Immigration Judge's March 8, 2016, decision denying her motion to reopen to terminate her
proceedings in light of her status as a derivative asylee.
The respondent's motion submissions reflect that her husband (Xin Guo Zhu, A205 038 284)
was granted asylum by an Immigration Judge on June 26, 2013. See Motion, Tab E. She has
also submitted confirmation that the asylee relative petition filed in her behalf by her husband
has been approved. See Motio Tab F (Form 1-797). The Department of Homeland Security
(OHS) did not file a response to the respondent's motion, and therefore her motion to reopen is
deemed unopposed. 8 C.F.R. 1003.23(b)(l)(iii) and 1003.2(g).
Considering the totality of the circumstances presented, including the lack of articulated
opposition to reopening by DHS, the proceedings in this case are reopened under 8 C.F.R.
1003.2(a). The respondent's removal proceedings are terminated, without prejudice. The
record is returned to the Immigration Court without further action.

Cite as: Yu Qing Chen, A077 977 214 (BIA Oct. 20, 2016)

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

IN REMOVAL PROCEEDINGS

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U.S. DEPARTMENTOF JUSTICE

Executive Office for Immigration Review
Office of the Immigration Judge

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RESPO:N""DENT/APPLICAJ,rr

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ROCEEDINGS

OJRDJER OF THE IMMIGRATION JUDGE

Upon consideration of respondent's/applicant's

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Motion to Reconsider an Immigration Judge's decision

Motion to Reopen proceedings

filed in the above entitled matter, it is HER.EBY OR.DE.RED that the motion

be granted.
be denied for the reasons indicated in the attached decision.

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bqJpeal: RESERVED/WAIVED ( A/1/B)

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

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