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Maria Lilian Lopez-Ferrera, A206 005 069 (BIA Sept. 27, 2013)

Maria Lilian Lopez-Ferrera, A206 005 069 (BIA Sept. 27, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) sustained a DHS appeal and found the immigration judge erred in terminating proceedings because the signature on the Notice to Appear (NTA) was not legible. The decision was written by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) sustained a DHS appeal and found the immigration judge erred in terminating proceedings because the signature on the Notice to Appear (NTA) was not legible. The decision was written by Member Edward Grant.

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Published by: Immigrant & Refugee Appellate Center, LLC on Oct 23, 2013
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11/06/2013

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LOPEZ FERRERA, MARIA LILIAN

A206-005-069
HUTTO CCA
1001 WELCH ST., POB 1063
TAYLOR, TX 76574
U.S. Department of Justice
Executive Offce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
J1u/LccsburgÍtkc. óaí|c2JJJ
ÏJ|/ïLhurch, /rgtn|J J2J11
OHS/ICE Office of Chief Counsel - SNA
8940 Fourwinds Drive, 5th Floor
San Antonio, TX 78239
Name: LOPEZ FERRERA, MARIA LILIAN A 206-005-069
Date of this notice: 9/27/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Grant, Edward R.
Æ
Sincerely,
DO c t
Donna Carr
Chief Clerk
·¡I||t·.'t1 :.\
Userteam: Docket
Æ . WW
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Maria Lilian Lopez-Ferrera, A206 005 069 (BIA Sept. 27, 2013)
..
U.S. Deparent of Justice Decision of the Boad of Imigration Appeals
I
·
.
Execltive Ofce fr Imigation Review
Falls Church, Virginia 22041
File: A206 005 069 - Sa Antonio, TX
In re: MARA LILIAN LOPEZ-FERERA
I RMOVAL PROCEEDIGS
APPEAL
ON BEHALF OF RESPONDENT: Pro se
ON BEHALF OF DHS: Joh C. Wiggleswor
Assistant Chief Counsel
Date:
The Departent of Homeland Secuty (te "OHS") has appealed an Immigration Judge's
August 8, 2013, decision. Te Immigration Judge deterined that there was "no way to identif
[te] issuing ofcer's nae" on te Notice to Appear (For 1-862), ad terinated te
respondent's removal proceedings witout prejudice. The DHS's appeal will be sustained. The
Immigation Judge's decision will be vacated. Removal proceedings will be reinstated, and the
record of proceedings will be remaded to te Immigration Cour fr fer proceedings.
We review fndings of fct, including the determination of credibility, under a clearly
eroneous stadad. 8 C.F.R. § 1003.l(d)(3)(i). We review questions of law, including wheter
the parties have met the relevant burden of proof, and issues of discretion under a de novo
standard. 8 C.F.R. § 1003.l(d)(3)(ii). The respondent's case arises afer May 11, 2005, and
is therefre govered by the provisions of te RAL ID Act. See Mater ofS-B-, 24 l&N Dec. 42
(BIA 2006).
We disagree wit the Immigration Judge's conclusion that te Notice to Appear (For I-862)
is insufcient because te issuing ofcer's name could not be identifed. The Notice to Appear
(For I-862) in ts case contains an illegible signature along with the printed title "Supervisory
Asylum Ofcer11• However, it contains a signate and title. See 8 C.F.R. § 239. l(a)(l5)
(Supervisory Asylum Offcer may issue a Notice to Appear).
The Immigration and Nationalit Act and te regulations do not require that a immigration
ofcial's signature be legible on a Notice to Appea (Form 1-862). See section 239 of te
Immigration and Nationality Act, 8 U.S.C. § 1229; 8 C.F.R. §§ 239.l(a), 1003.IS(c); Kohli v.
Gonzales, 473 F.3d 1061, 1067-68 (9th Cir. 2007) (illegibility of signatre ad title of te issuing
ofcer on te Notice to Appea did not deprive Immigration Court of jurisdiction). Even if tey
did, an omission of ay of the enumerated items, which must be included, "shall not be consted
as afording te alien any substative or procedural rights." See 8 C.F.R. § 1003.IS(c). Thus,
te Notice To Appear (Form I-862) is not defective. There is no evidence that the Notice To
Appear was improperly issued.
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Cite as: Maria Lilian Lopez-Ferrera, A206 005 069 (BIA Sept. 27, 2013)
L
· A206 005 069
Even if te Notice to Appea (Form 1¯862) was defctive, the violation of a regulation does not
necessarly invalidate a removal proceeding. See Matter of Hernandez, 21 I&N Dec. 224, 226
(BIA 1996). · ;ather, this Boad has consistently held that te violation of a regulatory
requirement invalidates a proceeding only where the regulation provides a beneft to the alien ad
te violation prejudiced te interest of the alien who was to be protected by te regulation. See
Matter of Garcia-Flores, 17 I&N Dec. 325 (BIA 1980). However, the respondent has not
demonstated tat te regulation provides a beneft to her or that she was prejudiced by the
Supervisor Asylum Offcer's illegible sigature on te Notice to Appear (For I-862). See
Matter of Santos, 19 I&N Dec. 105, 109 (BIA 1984).
Accordingly, the fllowing orders will be entered.
ORER: The DHS's appeal is sustained, and the Immigration Judge's decision is vacated.
FURTHER ORER: Removal proceedings are reinstated, and the record is remaded to te
IÜigation Cou fr fer proceedings.
2
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Cite as: Maria Lilian Lopez-Ferrera, A206 005 069 (BIA Sept. 27, 2013)
·`
\_j
UNITED STATES DEPARTNT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIE
IMIGRATION COUR�
800 DOLOROSA STREET-SUITE 300
SA ATONIO, TX 78207
LOPEZ FERRERA, MRIA LILIA
CIO KELLY K DOZIER
TAYLOR, TX 76574
IN THE MTTER OF FILE A 206-005-069 DATE: Aug 8, 2013
LOPEZ FERRER, MRIA LILIA
�.ABLE TO FORWARD - NO ADDRESS PROVIDED
L ATTACHED IS A COPY OF THE DECISION OF THE IMIGRATION JUDGE. THIS DECISION
IS FINA UNESS A APPEA IS FILED WITH THE BOAD OF IMIGRATION APPEAS
WITIN 30 CALENDAR DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORS AD INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUNTS, Ï FEE OR FEE WAIVER REQUEST
MST BE MILED TO: BOAD OF IMIGRATION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
� ATTACHED IS A COPY OF THE DECISION OF THE IMIGRATION JUDGE AS THE RESULT
OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REOVA HEARING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMIGRATION AD 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 REMOVA PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MST BE FILED WITH THIS COURT:
IMIGRTION COURT
BOO DOLOROSA STREET-SUITE 300
SA ANTONIO, TX 78207
�OTHER: ORDER OF THE IMIGRATION JUDGE.
CC: JOHN C. WIGGLESWORTH
8940 FOURWINDS DR. , STH FLOOR
SA ATONIO, TX, 782971939
FF
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.,_
V .
In the Matter of:
N
U.S. DEPARTNT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMIGRATION COURT
800 DOLOROSA STREET-SUITE 300
SA ATONIO, TX 78207
Case No: A206-005-069
LOPEZ FERRER, MIA LILIA
RESPONDENT
IN REMOVA PROCEEDINGS
ORDER OF THE IMIGRATION JUGE
After considering the facts and circumstaces of this case and as there
is no opposition from the parties, it is HEREBY ORDERED that these
proceedings be terminated wth- without prejudice.
NTA dated: Jul 22, 2013.
Reason for Terminat�: .
L

. � � 1

?
u
y
' �a �
�:�.
��TE�
g��tion Judge
Date: Aug 8, 2013
Appeal Waived/Reserved by A/I: NO APPEA
Appeal Due.Date:
CERTIFIC�OF SERVICE s ·
THIS DOCUMENT WA�ERVED BY: MIL ) PERSONAL SERVICE (P)
TO: [ ] �£ ] AIEN c/o Custo · Office J ATT/REP
DATE: � BY: COURT STAFF
Attachents: [ ] EOIR-33 [ ] EOIR-28 Services List
Form EOIR 35 � 6T (Tenination)
DHS
[ ] Other
P¡õt|t:§WHconduded by ttleronfernring {31dio or tidro). The
Immigration Judgr was locted |ßSan Antonio, TX.e f(ration or
·
thr hr�ring was JÜLÜLKarnes 0 Pearall 01Ju11u LLtI�00,TX.
All fms IfÎ&lMl0lßfN8Rtfshould b MM¤ÌI0¦
M0Å0l00Ì0Jmmigrtlon Cnur
800 Dolorsa Street. à0ÍIt)00
M0Anton�o, T� 78)01 ..

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