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Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013)

Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen where the Immigration Judge issued a form order stating, “The Court adopts the DHS opposition as its own findings of fact and conclusions of law.” The decision was written by Member Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen where the Immigration Judge issued a form order stating, “The Court adopts the DHS opposition as its own findings of fact and conclusions of law.” The decision was written by Member Elise Manuel.

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Published by: Immigrant & Refugee Appellate Center, LLC on Sep 10, 2013
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06/30/2015

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MATTHEW S. QUINN, Esq.

BUTLER & QUINN, PLLC
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5/07 Leesb11rg Pike, Suite 2000
Falls Cl111rcl1, Virginia 22041
4801 E. INDEPENDENCE BLVD, STE. 700
CHARLOTTE, NC 28212
OHS/ICE Ofice of Chief Counsel - CHL
5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212
Name: MARTINEZ, JOSE GABRIEL A 094-190-065
Date of this notice: 9/5/2013
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
DO CaA
Donna Carr
Chief Clerk
Lulseges
Userteam: Docket
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Cite as: Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013)
For more unpublished BIA decisions, visit www.irac.net/unpublished
�·
MARTINEZ, JOSE GABRIEL
POBOX248
LUMPKIN, GA 31815-0000
Name: MARTINEZ, JOSE GABRIEL
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leesburg Pike. Suite 2000
Falls Church. Virginia 22041
OHS/ICE Ofice of Chief Counsel - CHL
5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212
A 094-190-065
Date of this notice: 9/5/2013
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be
removed fom the United States or afrms an Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fled with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
Don CQ
Donna Carr
Chief Clerk
Lulseges
Useream: Docket
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Cite as: Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013)
U.S. Department of Justice Decision of the Board of Immigation Appeals
. Executive Ofce fr Immigation Review
Falls Church, Virginia 22041
File: A094 190 065 - Chalotte, NC Date:
SEP - 5
2013
In re: JOSE GABRL MARTINEZ a.k.a. Jose Gabriel Melendez-Martinez
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Mathew S. Quinn, Esquire
ON BEHALF OF DHS: Scott D. Criss
Assistant Chief Counsel
The respondent, a native and citizen of El Salvador, was ordered removed in absentia on
April 9, 2012. On June 29, 2012, the respondent fled a timely motion to reopen proceedings,
which the Immigration Judge denied on July 6, 2012. The respondent fled a timely appeal of
that decision. The record will be remanded.
Upon review we will remad this case to the Immigation Judge fr a new decision. It is
inappropriate to adopt the Depaent of Homeland Securtis opposition ad we need a fll
analysis and consideration of the totality of the circumstances regarding whether the respondent
has shown exceptional circumstances fr his failure to appea at the April 9, 2012, hearing. See
Matter of M-P-, 20 I&N Dec. 786 (BIA 1994); section 240(e)(l) of the Immigation ad
Nationality Act; 8 U.S.C. § 1229a(e)(l) (defning exceptional circumstances); Matter of W-F-,
21 I&N Dec. 503, 509 (BIA 1996); see also, e.g. Kaweesa v. Gonales, (15 Cir. 2006)
Accordingly, we will retu the record to the Immigration Judge fr fher consideration of the
respondent's motion and the entry of a new decision.
ORDER: The record is reted to the Immigration Judge fr frther proceedings consistent
with the above opinion.
FOR THE BOAR
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Cite as: Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013)
( (
MATINEZ, JOSE GARIEL
4316 LINEBERRY DR
EAST BEND, NC 27018
UITED STATES DEPATMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
IMIGRTION COURT
5701 EXECUTIV CENTER DR. #400
CHLOTTE, NC 28212
Date: Jul 12, 2012
File A094-l90-065
In the Matter of:
MTINEZ, JOSE GARIEL
Attached is a copy of the written decision of the Immigration Judge.
This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
Immigration Appeals on or before
The appeal must be accompanied by proof of paid fee ($110.00).
Enclosed is a copy of the oral decision.
Enclosed is a transcript of the testimony of record.
You are granted until to submit a brief
to this office in support of your appeal.
posing counsel is granted until
brief in opposition to the appeal.
to submit a
nclosed is a copy of the order/decision of the Immigration Judge.
All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
cc: METZ, MELISSA
5701 EXECUTIVE CENTER DR #300
CHLOTTE, NC 28212
U
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[1.
:
UNITED STATES pEPARTMENT OF JSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
U.S. D IGRATION COURT
··
5701 Executive Center Drive, Suite 400
Charlotte, North Carolina 28212
...
IN THE MATTER OF: GABRIEL MARTIEZ, JOSE
ALIEN ATTORNEY: ROBERT ZUIGA, ESQ
CASE NO. A- 094-190-065
f
\ .
.
DECISION ON A MOTION.
IN
[ ¡DEPORTATION [ ¡EXCLUSION [X] REMOVAL PROCEEDINGS [ ¡AOC ASYLUM ONLY
A MOTION TO REOPEN, TO STAY AND TO WAIVE FILING FEE has been fled i the
above captioned case. Te Motion has been duly considered and it appears to the Court that:
[ ] The request is timely and reasonable. Therefre, IT IS HEREBY ORDERED that.the
Motion be GRNTED.
[
X
] The Motion has been duly considered and it appears to the Court that no substantial grounds
lave been advanced to warrant it grant. Therefre, IT IS HEREBY ORDERED that the Motion
be and the same is hereby DENIED.
[
X
i q _ Ad01 f V¬- tl� � º � O
� i la
.d C� i h..
�.:..
Dated this {� day of M , 2012
·;• .
Ti§ocument was sered to:
aCounsel
[ / Counsel fr Respondent I Applicant
[ ] Respondent I pplic t
;. .
v�
Hn. V. STUART COUCH
U.S. Immigration Judge
. ..
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