Cessay

MEMORANDUM *

Ebou Cessay (“Cessay”) petitions this Court to review a decision of the Board of Immigration Appeals (“BIA”) denying his motion to reopen deportation proceedings for the purpose of seeking an adjustment of resident status. Because the BIA has yet to consider whether the approval of Cessay’s 1-140 employment preference application is an exceptional circumstance in light of the shortage of nurses in the United States, we grant the petition and remand to the BIA.

Background

Ebou Cessay is a native and citizen of Gambia, admitted to the United States on August 6, 1992 with an F-l visa to attend Shaw University in Raleigh, North Carolina. In Gambia, Cessay had earned a diploma in nursing and was a registered nurse there. Due to financial problems, Cessay never attended Shaw University and the Immigration and Naturalization Service (“INS”) undertook deportation proceedings against him on August 30, 1995.

Cessay appeared before an Immigration Judge (“U”), conceded deportability, and filed an application for asylum and withholding of removal. On April 10, 1996, the IJ denied asylum and withholding of removal, but granted Cessay’s request for voluntary departure until May…