Sung Min Hong, A097 143 991 (BIA Apr. 29, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent's ability to adjust status. The Board instructed the immigration judge to determine whether the initial Form I-140 filed on the respondent's behalf had been denied and, if not, whether he maintained lawful status due to the "interfiling" of a second Form I-140 that was later approved. The decision was written by Member Linda Wendtland.