In the Matter of M.Y

Alexander M. Ivakhnenko

Case Conclusion Date:September 6, 2013

Practice Area:Immigration

Outcome:the IJ adjusted Respondent to LPR upon approved AOS Petition

Description:Respondent received a final order of deportation in the fall of 2010 after IJ did not find grounds for asylum. Respondent timely appealed on procedural errors to the BIA. In the fall of 2011, the BIA remanded the case back to IJ, IJ corrected procedural flaws and issued a second final odrer of deportation. Respondent filed a timely second BIA appeal on valid grounds. While the second BIA appeal was pending Respondent became eligible to AOS after approved I-130 Petition. Respondent filed a Motion to Terminate the proceedings and remand to Court for eligible AOS. in Nov. 2012 the BIA remanded pending case to IJ for eligible AOS on merits. The IJ terminated the proceedings and permitted Respondent to file for AOS. the USCIS approved AOS and deferred its jurisdiction to court for the decision.