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In this unpublished decision, the Board of Immigration Appeals (BIA) reconsidered sua sponte its denial of a motion to reopen and terminated proceedings to allow the respondent to pursue adjustment of status before USCIS. The Board previously denied the motion to reopen under the erroneous belief that the Department of Homeland Security (DHS) had not responded to the motion, when the DHS had in fact stated that it did not oppose the motion. The decision was written by Member David Holmes.