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Wilson Orlando Escobar, A095 082 121 (BIA Aug. 14, 2013)

Wilson Orlando Escobar, A095 082 121 (BIA Aug. 14, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further consideration of the respondent's motion to reopen an order of removal issued in absentia, in light of evidence submitted on appeal indicating that the respondent's mother intentionally hid the Notice To Appear and hearing notices from the respondent and forged his signature on an EOIR-28 form after retaining an attorney to represent him. The decision was written by Member Roger Pauley.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further consideration of the respondent's motion to reopen an order of removal issued in absentia, in light of evidence submitted on appeal indicating that the respondent's mother intentionally hid the Notice To Appear and hearing notices from the respondent and forged his signature on an EOIR-28 form after retaining an attorney to represent him. The decision was written by Member Roger Pauley.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 22, 2013
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Estela, Cesar Main Esq.Law Oces of Cesar Man Estela24Commerce Steet Sute 530Newark NJ 07102
U.S. Deprtment of Jtie
Executive Oce r Imgraon Revew
Board ofImmigration AppealsOce of the Clerk
5107 Leburg Pik, Sut 2000Fal Chuch Vgina 22041
HS/ICE Oice of Chief Counse
NYC26 Federa Plaza, 11th Foor New York, NY 10278Name: ESCOBAR WILSON ORLANDOA 095-082121Date of this notce814/2013
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Cite as: Wilson Orlando Escobar, A095 082 121 (BIA Aug. 14, 2013)
 
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US. Depaent of Justce
·Executive Oce r Imaton RevewDecson of te Bod of Imaton Appeals Fals Churc, Virgina

Fie:A095 082 121 -New York, NYDate
AUG I 4 2013
In re WLSON ORLDO ESCOBAR .ka Wilson Orlando Escob DubonIN MOVAL PROCEEDGSAPPEAL AND MOTONON BEHALF OF RESPONENTCesar Marn Estela, EsquireCHARGE Notice: Sec212()(6)(A)(i),& N Act[8 USC
§
1182(a)(6)(A)(i) Present wihout being admited or poledAPPLICATON: Reopenig; remadn a decision dated Mch 19, 2012, an mmiation Jdge denied he respondent's otion toreopen removal proceedings which had een condcted in absentia on October 26 2006 Therespondent appealed om is decision, and susequenty ed a motion to remandTheepaent of Hoead Security ("HS) has not responded to the motion to reand, d wedeem it unopposed 8 CFR
§
0032(g)(3)he otion wil be anted and therecordremanded to he Imiion Judge r rther proceedings.In his motion to reopen, he respondent mantained that he proceedings shoud be reopenedbecasehe never received the Notice to Appe (NT A) that was issed in Jauary 2006, adwas naware of his scheduled hearing (Motion to Reopen at 14) He explained that he providedhis pents address to United States Citizenship and migration Services (USCS) when heappie r teporary protected stats ("PS) in Feruary 2002, and noted that he was noonger living wih his pares when the NT A was maied to that address approxiatey
yearslater (Motion to Reopen at 34)nhis decision, the iation Jdge expained that the seice of the NT A y il to therespondents last known address created a presumption that the docuent was received by him,ad noted hat there was no evidence that he NT A or hearing notices were reed asundeliveable (J. at 13) n addition, he explained t an aoey entered his ppearce onthe resnent's ehaf shr er te in asenti rer  re was entere  requsetoreiew the record of proceedings (Jt23 The Imiaion Judge noted that therespondent's siature on the Notice of En of Appearance (Form EOIR28) indictes at hereceivedthe order of reoval, d sggests that he also received the NT A ht was ailed to thesaeaddress (.J at 3) Based on this evidence, he und that the respondents caim that he rstleed of he reova order when he was deained in February 2012 acked credibiiy (.J at 3)Consequenty, he ation Judge concluded hat the respondent faied to reut hepresmption hat he receed the NTA, and denied his otion to reopen (J at 45)
Cite as: Wilson Orlando Escobar, A095 082 121 (BIA Aug. 14, 2013)
 
A095 082 2Theesponen appeae om this eision an mainaine ha the mmigation uge eein ning tha he eeive pope noie of his heaing (oie of Appea Responens Bief at78Duing the eneny of the appea the esponent e a motion o emand o subit ne evidene in suppo of his aim that he neve eeive the NT A o heaing noties(Resondens Bief a 89n paiula he submie  adavit om his mothe iniating thashe inentionaly hid he NTA an heaing noies om him an i not isose this to
h
unti ae the mmiaton uges eision denying his motion to eopen (Responents BiefExh B n aition she expaine that she etaine e seies of  attoey o assist he sonin 2006 an ge his siae on he o EOR28 (Respondents Bief Exh B We ageeih the esponen tha he neysubmitte eviene is ateial in eeining hethe hisoion o eoen shou be gante  onue hat it is appopiate o eand the ase to hemiation uge  onsideation of this aitiona evideneAoingy the oing oes i be enteeORDER: The esondents motion to ean is ganteURER ORDER The eod is eane to he mmiation uge  he poeeings onsisent ith this opinion an  he enty of a ne eision
Cite as: Wilson Orlando Escobar, A095 082 121 (BIA Aug. 14, 2013)

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