Dpmn of Jusc
Imition Review Decision of the Boa of mgon Aps
File: A089 856 873 -Chgo, IL
re ARANDO MATEZVQUZ RMOVAL PROCEEDGS PPEL Date ON BHALF OF RESPONDE Maa Tr, squre ON BEALF OF S Robin Rsche Assistt Chief Consel APLICION Repenng
JUN 2 5 014
e respondent, a nave citzen of Mexco, appeals te decision of e miaon Judge, ated ovembe 3, 203, denyng his moon to rpen. he Daent of ome Surty is oppos to e rpondent's appea pon consieraon of e totality of the record, we conclude tat e respond as estalishe tat the orer of remova entered in asentia on Jne 20, 2013 shou be rescne on account of ack of notice
section 240(b)(5)(C)(ii) of the Imiaon d Naonaity Act, 8 U.S.C § 229a()(5)(C)(ii); 8 C.FR. § 00323(b)(4)(ii);
24 &N Dec 665 (BIA 2008) Whe te respondt apparenty received a por Notice of earing n Remova Proceedings ("NO) which placed him on notce of a late remova hearing, he has present a peon statemt disavowng reipt of the NOH wich placed him on noice of the ac hearing ate. Moreover, e suendered to immation ocers upon receipt of a Noce to Oigor to Delier ien (Fo 340). e reondent aso led his motion to reopen in a diigt manner Accriny, we wi reopen these proceeings in orer to provde the respondent t aditional oprnty to appe r a remova heang e lowing order is enter. ODER The responents appea is susan, the in asena ord of remova, enter on June 20, 03, is rescined, te remoa proceedings re reopene, and the rerd is rd to the iation Cout r ther proceedings cnsistent ith the regoing opinon d r the en of a new decision.