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Nana Antwi Boasiako, A096 835 772 (BIA Sept. 9, 2013)

Nana Antwi Boasiako, A096 835 772 (BIA Sept. 9, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings upon finding that while the respondent had not established exceptional circumstances for his failure to appear at the hearing at which he was ordered removed in absentia, he plausibly claimed that he did not receive actual notice of the hearing and had an incentive to appear at future hearings in light of a pending visa petition filed on his behalf. The decision was written by Member Edward Grant and joined by Vice-Chairman Charles Adkins-Blanch and Member Sharon Hoffman.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings upon finding that while the respondent had not established exceptional circumstances for his failure to appear at the hearing at which he was ordered removed in absentia, he plausibly claimed that he did not receive actual notice of the hearing and had an incentive to appear at future hearings in light of a pending visa petition filed on his behalf. The decision was written by Member Edward Grant and joined by Vice-Chairman Charles Adkins-Blanch and Member Sharon Hoffman.

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Published by: Immigrant & Refugee Appellate Center, LLC on Sep 13, 2013
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08/29/2015

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Matemu, Japheth N. EsqMatemu Law Oce5540 Centeview Dr, Suite 200Ralegh NC 27606Name: BOASIAKO, NANA ANTI
U.S
D f Juc
Executive Oce r Imigration Revew
Board ofImmigraton AppealsOce of the Cerk
107 lcb Pike. Stc 200Fas C/r, Vrga 2204
HS/ICE Oice of Chief Counsel
CHL5701Executive Ct Dr, Ste 300Chalotte NC 28212 A 096-835-772Date of this notice 9/9/2013
closed is  copy of the Board's decision d order in he above-rerenced case.closure
P M:Adk-Bh Ch KG dd RH 
Sincerely,
D
c
t
Donn Carr Chie Cerk
wlm k
Cite as: Nana Antwi Boasiako, A096 835 772 (BIA Sept. 9, 2013)
For more unpublished BIA decisions, visit www.irac.net/unpublished
 
U.S. D f uc
Executive Oce

Imigaton ReviewFas Church, Virgnia
041
Fle: A096
35
772
-
Charlotte, NCIn re ANA TW BOASIO REMOVAL PROCEEDGSAPPEAL A OION 
Decson of he Boad of Iigraon Appeals
DateON BEHAF OF RESPONJapheth  atemu, squireO BHAF OF DHSColleen  ayor Assistat Chief ConseAPPCAION Reopeg; remadThe respondent, a natve ad citizen of Ghana, appeas the Imatio Judge's decision, dated Febrary 22 2012 hat deed his motion to reope a  abseta orde of removalentered on ovember 7 201While on appeal, the respondent ed a motion to remand hscase to the mmgrato Judge, because the visa petto, led o hs behalf by lce  Youg, wasapproved o Febua 1
3
, 2012 The Depament of Hoead Secuty requests s
um
ary aace of the mmiation Judge's decso, but dd not respond to the respondent's recentoto to remand The appea w be sustained and he record w be remadedWe agree with the mgaton Judge that the respondent dd ot establsh exceptonalcircumstances r hs ure to appear at his hearg on November 7 2011 However, give his diigence n attending por hearings, he makes a pasble ca that he dd not receve actualnotice of ths hearng, and he record estabishes hat, give e pendecy of he visa pettoed o hs behal he had every ncentve to appear at that hearing Accordigly ad n lght of  the approval of he vsa petton, we cocde that the motio to reopen the  absenta order shod be granted and the record remanded r furher proceedgs As a rest, the lowngorder w be enteredORDR The record s reopened proceedgs cosistet wh hs order ded to the maton Judge r rther 
Cite as: Nana Antwi Boasiako, A096 835 772 (BIA Sept. 9, 2013)
 
-.�
UNITED STATES DEPATMENT OF STICEEXECUTIVE OFICE OR IMMIGATION EVIEWIMMIGTION COUTPK ESQ, GEORGENA IE
5
 W HGETT ST SUITE 000RAEIGH NC 26015701 EXECUTIVE CENTE DR. #400CHARLOTTE, NC 28212Date: eb 22, 202ile A096-83772In the Matter ofBOASIAO, NA NWIAttached is a copy of the written decision of the Immgration JugeThsdecision is fina unless an appea is taken to the Boar ofImmigration Appeas The encosed copies of OM EOI 26 Notice of Appea an OM EOIR 2, Notice of Entry as Attorney orRepresentative propery exected must be fed wh the Board ofImmgraton Appeas on or beforeThe appea must be accompanied by proof of pad fee ($1000)Encosed s a copy of the oral decisonEncosed s a transcript of the testimony of recordYou are granted untito submit a briefto this office n support of your appeato submt abrief in oppositon to the appea
2
po
ing counse is granted until
Encose is a copy of the order/decisionof the Immgration udgeA papers fed wth the ourt shal be accompaned by proofof serice upon opposing counselcc LISA DUNT ESQSincerely
Immgratio
501 EXECUTIVE CENTE DR 300CALOTTE NC 28212UL

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