The BIA this week held that an Immigration Judge cannot deny a non-citizen’s motion to reopen based on a pending visa petition solely because the Department of Homeland Security opposes that motion. Matter of Lamus-Pava, 25 I&N Dec. 61 (BIA 2009). Rather, the IJ must consider the merits of the arguments made by both parties. Matter of Lamus-Pava, 25 I&N Dec. at 65.In this case, the motion to reopen was filed by a non-citizen who sought time to pursue an application for adjustment of status based on a pending visa petition filed on his behalf by his United States citizen wife.