In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia where the respondent presented an affidavit disavowing receipt of the hearing notice, an asylum officer found respondent’s possessed a credible fear of persecution, and the respondent diligently sought reopening after receiving the removal order. The decision was written by Vice Chairman Charles Adkins-Blanch and joined by Member John Guendelsberger and Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia where the respondent presented an affidavit disavowing receipt of the hearing notice, an asylum officer found respondent’s possessed a credible fear of persecution, and the respondent diligently sought reopening after receiving the removal order. The decision was written by Vice Chairman Charles Adkins-Blanch and joined by Member John Guendelsberger and Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia where the respondent presented an affidavit disavowing receipt of the hearing notice, an asylum officer found respondent’s possessed a credible fear of persecution, and the respondent diligently sought reopening after receiving the removal order. The decision was written by Vice Chairman Charles Adkins-Blanch and joined by Member John Guendelsberger and Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
2301 Williams Blvd, Suite E Kenner, L 700 6 2-0000 U.S. Department of Justice Executive Offce fr Imigration Review Board of Immigration Appeals Ofce of the Clerk 5107 leesburg Pike, Suite 2000 Falls Church, Vrginia 20530 OHS/ICE Ofice of Chief Counsel - SNA 8940 Fourinds Drive, 5th Floor San Antonio, TX 78239 Name: AGUILERA-MARTINEZ, CARLOS ... A 205-07 4-111 Date of this notice: 6/6/2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Adkins-Blanch, Charles K. Guendelsberger, John Hofman, Sharon Sincerely, Dc Ct Donna Carr Chief Clerk Lulseges Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t
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w w w . i r a c . n e t Cite as: Carlos Ermas Aguilera-Martinez, A205 074 111 (BIA June 6, 2014) U.S. Department of Justice Executive Ofce fr Imigation Review Falls Church, Virginia 20530 File: A205 07 4 111 - San Antonio, TX Decision of the Board of Imigration Appeals Date: JUN 0 6 2014 I re: CARLOS ERMAS AGUILERA-MARTINEZ a.k.a. Calos Era Aguilera-Mainez I REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RSPONDENT: Paula J. Rodrguez, Esquire ON BEHALF OF DHS: Gace Gaa Assistnt Chief Counsel APPLICATION: Reopening Te respondet, a native ad citizen of Nicaagua who was ordeed reoved fom te United States in abseta on Februay 4, 2013, appeals te decision of te I igation Judge, dated Mach 12, 2013, denying hs motion to repe, which he fled on Febray 25, 2013. The Deaent of Homelad Securty is opposed to te respondent's appea. Upon consideration of the totaity of the record, we conclude that te respondet has established tat the order of reova should be rescinded on account of lack of notice. See section 240(b)(5)(C)(ii) of te Imigation and Nationaity Act, 8 U.S.C. 1229a(b)(5)(C)(ii); 8 C.F.R. 1003.23{)(4)(ii); Matter of M-R-A-, 24 l&N Dec. 665 {BIA 2008). Hee, te respondent presented a affdavit fom himself disavowing receipt of te Notice of Heang in Removal Proceedings. A asylu ofcer has deterined tat te respondent has a cedible fa of pesecution. Moreover, upon recept of the order of reoval, te respondent diligently sougt legal counsel and fled his motion in a expeditious maner. Accrdingly, we will reopen these proceedings in orde to provide the respondent wit a additiona opportnity to appea fr a removal heang. The fllowing order is entered. ORDER: The respondent's appeal is sustaned, the in absentia order of remova, enteed on Februay 4, 2013, is rescinded, these removal proceedings ae reopened, ad te record is reanded to the Imigation Cou fr fher proceedings consistent with te fregoing opinion and fr the ety of a new decision. I m m i g r a n t
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w w w . i r a c . n e t Cite as: Carlos Ermas Aguilera-Martinez, A205 074 111 (BIA June 6, 2014) ( ) , J UITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMIGRATION COUT 800 DOLOROSA STREET-SUITE 300 SA ATONIO, TX 78207 MIGUEL A. ELIAS, A PROFESSIONAL LAW CORPORATION RODRIGUEZ, PAULA J., ESQ. 2301 WILLIAS BOUEVAD, SUITE E KENNER, L 70062 IN THE MATTER OF FILE A 205-074-111 AGUILERA-MATINEZ, CALOS ERMAS LE TO FORWAD - NO ADRESS PROVIDED DATE: Mar 13, 2013 TACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUGE. THIS DECISION IS FINA ULESS A APPEAL IS FILED WITH THE BOA OF IMIGRTION APPEALS WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION. SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEAL. YOUR NOTICE OF APPEAL, ATTACHED DOCUENTS, A FEE OR FEE WAIVER REQUEST MUST BE MILED TO: BOARD OF IMMIGRATION APPEAS OFFICE OF THE CLERK P.O. BOX 8530 FALLS CHURCH, VA 22041 ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JGE AS THE RESUT OF YOUR FAILUE TO APPEA AT YOUR SCHEDUED DEPORTATION OR REMOVAL HEARING. THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE WITH SECTION 242B(c) (3} OF THE IMMIGRTION A NATIONALITY 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 REMOVAL PROCEEDINGS. IF YOU FILE A MOTION TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT: IMMIGRTION COURT vER: CC: DISTRICT COUSEL 8940 FOURWINDS DR., STH FLOOR SA ATONIO, TX, 782971939 FF I m m i g r a n t
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w w w . i r a c . n e t UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 800 DOLOROSA, SUITE 300 SAN ANTONIO, TX 78207 Case Number A 205 074 111 IN THE MATTER OF ) ) CARLOS ERMAS AGUILERA-MARTINEZ,) ) IN REMOVAL PROCEEDINGS Docket: San Antonio (non-detained) Charge: Application: Respondent ) Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act, immigrant not in possession of a valid unexpired entry document. 8 C.F.R. 1003.23(b)(4)(ii), Motion to Reopen (rescind) in absentia order. On Behalf of the Respondent: Paula Rodriguez, Esq. 2301 Williams Blvd. Suite E On Behalf of Immigration and Customs Enforcement: Kenner, LA 70062 Chief Counsel 8940 Fourinds Dr. 5 th Floor San Antonio, TX 78239 WRITTEN DECISION OF THE IMMIGRATION JUDGE Respondent was placed into removal proceedings as shown on his Notice toAppear (Form 1-862), dated February 2, 2012. Exhibit 1. In person and in the Spanish language, he was explained his rights and obligations, including the consequences of failing to appear for a scheduled hearing. Id. Respondent was released from detention on February 9, 2012, pursuant to Form 1-830 .. Exhibit 2. Notice of the scheduled master calendar hearing was sent to Respondent's last known address at '12737 Helena St., Kenner, L 70062" on Februar 27, 2012, scheduling the hearing fr 9:00 a.m. on February 4, 2013. Exhibit 3. Respondent failed to appear at the scheduled hearing. Trial counsel moved the Court to proceed in absentia. Trial counsel filed Form 1-213, Record of Deporable/lnadmissible Alien. Exhibit 4. Respondent, through his attorney, filed his Motion to Reopen, on February 25, 2013. Counsel's statements are not entitled to any evidentiary weight. It is unclear what counsel means: 'Hespondent's order of removal in absentia was confirmed Immigration and Customs f.e0.ent.gRqlents to find the city and zip code to be incorrect." Id. at 5. . , 1 i: : , _ ; j, 1tis1 , - - -;..' . . . :.he . . ! 1 J Respondent filed his afidavit in English, with no statement of tranJation JOr claims he did not receive notice. He does not elaborate and claim tha_t ,e.hiVqNanmil at the address other than the in absentia order. He does not claim that anyoietreuJ}es mail _! . L .. i "V..o.4 ... - I m m i g r a n t
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w w w . i r a c . n e t at the address. He lives with his uncle and the address is claimed to be his, but his uncle provides no statement. Respondent has failed to provide persuasive evidence. Order IT IS HEREBY ORDERED that Respondent' Motion to Reopen (rescind) be DENIED. Dated: March 12, 2013. s .CARTE U ed States Immigration Judge -2- I m m i g r a n t