Kazaryan, Areg, Esq.

Law Offices of Areg Kazaryan

520 North Central Avenue, Suite 660
Glendale, CA 91203
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5/07 Leesburg Pike, Suite 2000
Falls Church, Vrginia 20530
OHS
/
ICE Office of Chief Counsel - HLG
171
7 Zoy Street
Harlingen, TX 78552
Name: BENITES-MAURISIO, IRIS JEAN ... A 099-679-349
Date of this notice: 4/11/
2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Hofman, Sharon
Guendelsberger, John
Adkins-Blanch, Charles K.
Sincerely,
DO ct
Donna Carr
Chief Clerk
schwarzJ\
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)
U.S. Department of Justice
Executive Ofce fr Immigation Review
Decision of the Board of Immigration Appeals
Fans Church, Virginia 20530
File: A099 679 349 - Halingen, TX Date:
APR 11 2014
In re: IRIS JEANETTE BENITES-MAUSIO a.k.a. Vilma Del Camen Lopez Maroquin
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Areg Kazaryan, Esquire
APPLICATION: Reissuance
The respondent, a native and citizen of El Salvador, appeals the decision of the Immigration
Judge, mailed January 23, 2013, denying her motion to reissue the decision of the Immigration
Judge, mailed July 23, 2012, denying her motion to reopen. The Department of Homeland
Securty has not responded to the appeal.
Considering the totality of the circumstances, including the affdavits fom the respondent
and her counsel, we will sustain te respondent's appeal and remand the record to the
Immigation Judge fr the limited pose of reissuing his decision to deny te respondent's
motion to reopen. See generaly Mater of M-R-A-, 24 I&N Dec. 665 (BIA 2008). If the
respondent wishes to appea the Immigration Judge's reissued decision, a Notice of Appeal fom
a Decision of an Immigration Judge (Form EOIR-26) must be timely and properly fled with this
Board in accordance with the applicable fderal regulations. See 8 C.F.R. 1003.3, 1003.38.
Te fllowing order is entered.
ORDER: The respondent's appeal is sustained and the record is remanded to the
Immigration Judge fr the limited purpose of reissuing his decision, mailed July 23, 2012,
denying the respondent's motion to reopen .
, J
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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)
KZAYA, AEG, ESQ.
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRTION REVIEW
IMMIGRATION COUT
2009 W. JEFFERSON AVE, STE 300
HARLINGEN, TX 78550
520 NORTH CENTRL AVE. SUITE #660
GLEAE, CA 91203
IN THE MTTER OF FILE A 099-679-349 DATE: Jan 24, 2013
BENITES-MURISIO, IRIS JEAETTE
UALE TO FORWARD - NO ADRESS PROVIDED
TTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JGE. THIS DECISION
IS FINA ULESS A APPEAL IS FILED WITH THE BOAD OF IMMIGRTION APPEALS
WITHIN 30 CALENDA DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPAING YOU APPE.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMETS, A FEE OR FEE WAIVER REQUEST
MUST BE MILED TO: BOAD OF IMIGRTION APPEAS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JDGE AS THE RESULT
OF YOU FAILUE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEAING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMMIGRATION AD NATIONAITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 u.s.c. SECTION 1229a(c) (6) IN REMOVA PROCEEDINGS. IF YOU FILE A MOTION
TO REOPE, YOUR MOTION MUST BE FILED WITH THIS COURT:
OTHER:
IMMIGRTION COURT
2009 W. JEFFERSON AVE, STE 300
HLINGEN, TX 78550
IMIGRTION COUT
CC: ASSISTAT CHIEF COUSEL
1717 ZOY ST.
HLINGEN, TX, 785520000
FF
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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)
I THE MATTER OF
UNITD STATES DEPARTMNT OF JUSTCE
EXECUTIVE OFFICE FOR IMMIGRATION RVIEW
UNTD STATES IMIGRATION COURT
HARINGEN, TEXS
January J 2013
Iris Jeanette Benites-Maurisio
)
)
)
)
)
File Number: A 099-679-349
RSPONDENT In Removal Proceedings
APPLCATIONS: Motion to Re-Date and Re-Issue
ON BEHALF OF T RESPONDENT
Areg Kazaryan, Esq.
520 N. Cental Ave. Suite 660
Glendale, CA 9 I 203
ON BEHALF OF T GOVERNMENT
Gabriel A. Couriel
U.S. Department of Homeland Security
1717 Zoy St.
Harlingen, TX 78552
DECISION OF THE IMMIGRATION JDGE
On July 23, 2012, the Court issued a decision denying the respondent's motion to reopen.
Te respondent, though counsel, now requests tat the decision be re-dated and re-issued in
order to fle a timely appeal to the Board of Immigration Appeals. The respondent's motion to re
date and re-issue will be denied.
The respondent claims that neither she nor her attorey received the decision fom the
Cour. There is a presumption that a properly addessed notice sent via regular mail is received
by the addressee. Mater of M-R-A-, 24 I&N Dec. 665 (BIA 2008). But the presumption is
weaer wt regular mail tha wit certifed mal. Id Te Court may consider all relevant
evidence to determine whether te presumption has been rebuted. Id Te Court fle indicates
tat the decision was mailed to respondent's counsel of record. There is no proof te decision
wa reted to the Court. Terefre, te respondent's statement that she did not receive the
decision is insufcient to overcome the presumption that the decision was received.
Accordingly, the fllowing order shall be entered:
ORDER: The respondent's motion to re-date ad re-issue is DENIED.

2-
Eleaz Tova
United States Immigration Judge
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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)