Matter of Patel, Interim Decision #2670

• Decision Date: 12 September 1978
• Docket Number: A-20915499.,Interim Decision #2670,A-21093734.
• Parties: MATTER OF PATEL In Deportation Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

16 I&N Dec. 600

MATTER OF PATEL

In Deportation Proceedings

Interim Decision #2670

A-21093734.

A-20915499.

Board of Immigration Appeals

Decided by Board September 12, 1978

(1) A mere showing of the minimum statutory period of continuous physical presence required for relief under section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. 1254(a)(1), does not ordinarily, without more, establish the other statutory prerequisites sufficiently to warrant reopening for a plenary hearing on that relief. Conclusory assertions of hardship will not suffice to have proceedings reopened.

(2) Where the Board remands a case to an immigration judge for further proceedings, it divests itself of jurisdiction of that case unless jurisdiction is expressly retained. Where jurisdiction is not expressly retained, the Board will deny for lack of jurisdiction motions made to it after a case has been remanded.

(3) A remand, unless the Board qualifies or limits it for a specific purpose, is effective for the stated purpose and for consideration of any and all matters which the immigration judge deems appropriate in the exercise of his administrative discretion or which are brought to his attention in compliance with the appropriate regulations.

(4) An outstanding order of deportation against a respondent is not disturbed by the fact that the Board reopens deportation proceedings as to a different respondent whose hearing was held jointly.

(5) A motion to sever deportation proceedings made in connection with motions to reopen is moot where proceedings are reopened only as to one respondent.

CHARGE:

Order: Act of 1952—Section 241(a)(2) [8 U.S.C. 1251(a)(2)] —Nonimmigrant—remained longer (both respondents)

ON BEHALF OF RESPONDENTS: Fred F. Filsoof, Esquire 1416 Gas Light Tower 235 Peachtree Street, N.E. Atlanta, Georgia 30303

ON BEHALF OF SERVICE: Robert J. Bondi Trial Attorney

BY: Milhollan, Chairman; Appleman, Maguire, and Farb, Board Members

A motion has been filed to reopen these proceedings so as to allow the respondents or one of the respondents to apply for relief under section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. 1254(a)(1). The Service has moved that the case of the female respondent be severed from that of the male respondent. We shall deny the motion to reopen as to the male respondent. We shall return the record file without adjudicating the motion as to the female respondent for lack of jurisdiction. The Service's motion is...