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Ismael Daggy Ibrahim, A205 009 375 (BIA Dec. 26, 2013)

Ismael Daggy Ibrahim, A205 009 375 (BIA Dec. 26, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to reopen proceedings in which he was ordered removed in absentia. The Board found that the immigration judge’s hand-written order, which stated that the “court concurs with the position of DHS,” did not provide a meaningful basis for appellate review. The decision was written by Member Sharon Hoffman.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to reopen proceedings in which he was ordered removed in absentia. The Board found that the immigration judge’s hand-written order, which stated that the “court concurs with the position of DHS,” did not provide a meaningful basis for appellate review. The decision was written by Member Sharon Hoffman.

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01/31/2014

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U.S.

Department of Justice Executive Office for Immigration Review

Board oflmmigration Appeals Qffice ofthe Clerk
5/07 Leesburg Pike, Suite 2000 Falls Church. Virginia 20530

IBRAHIM, ISMAEL DAGGY A205-009-375 175 PIKE COUNTY BLVD LORDS VALLEY, PA 18428

OHS/ICE Office of Chief Counsel 900 Market Street, Suite 346 Philadelphia, PA 19107

PHI

Immigrant & Refugee Appellate Center | www.irac.net

Name: IBRAHIM, ISMAEL DAGGY

A 205-009-375

Date of this notice: 12/26/2013

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

DOWtL ct1/v'L)
Donna Carr Chief Clerk

Enclosure Panel Members: Hoffman, Sharon

Lulseges Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Ismael Daggy Ibrhaim, A205 009 375 (BIA Dec. 26, 2013)

·Executive Office for Immigration Review

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Falls Church, Vuginia 20530
File:

A205 009 375

-

Philadelphia, PA

Date:

In re: ISMAEL DAGGY

IBRAHIM:

DEC 2 6 2013

IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: Pro se

Immigrant & Refugee Appellate Center | www.irac.net

APPLICATION:

Reopening

The respondent has appealed the Immigration Judge's September absentia. The record will be remanded.

16, 2013,

decision that

denied the respondent's motion to reopen proceedings in which he was ordered removed in

The Immigration Judge's form order contains a hand-written notation indicating that "[t]his court concurs with the position of DHS ... ". We find that the Immigration Judge's decision is insufficient for our review
as

it does not adequately address the relevant facts and clearly set

forth the Immigration Judge's legal conclusions. See Matter of A-P-, 22 I&N Dec. 468, 477 (BIA 1999) (stating that the Immigration Judge is "responsible for the substantive completeness of the decision"). In particular, the Immigration Judge made insufficient findings of fact and analysis regarding whether the statutory notice requirements were met under our decision in Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001). Moreover, the respondent submitted documentation in support of his motion which the Immigration Judge did not mention in his decision. See Matter of S-H-, 23 I&N Dec. 462 (BIA 2002) (finding that because the Board's fact finding ability on appeal is limited, it is important for Immigration Judges to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law). insufficient for our review. We therefore find that the Immigration Judge's decision is

We note that the respondent submitted documentation on appeal. consider evidence proffered on appeal.
as

The Board does not

See Matter of Fedorenko, 19

I&N Dec.

57 (BIA 1984).

As this matter is being remanded, we leave to the Immigration Judge to consider this evidence,
appropriate. Accordingly, the following order shall be entered: ORDER: The record is remanded to the Immigration Judge for further action or proceedings consistent with the foregoing opinion, and for the entry of a new decision.

Cite as: Ismael Daggy Ibrhaim, A205 009 375 (BIA Dec. 26, 2013)

UNITED STATES DEPARTMENT OF IMMIGRATION COURT

JUSTICE REVIEW

EXECUTIVE OFFICE FOR IMMIGRATION

900

MARKET STREET, PHILADELPHIA,

SUITE PA

504 19107

HOGAN HOGAN,

& VANDENBERG, RICK 8TH STREET, DE

LLC

Immigrant & Refugee Appellate Center | www.irac.net

4

EAST

SUITE

WILMINGTON,

19801

302

IN THE MATTER OF IBRAHIM, ISMAEL DAGGY -

FILE A

205-009-375

DATE:

Sep

17, 2013

r ¥

ABLE TO FORWARD

NO ADDRESS PROVIDED THIS DECISION

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. IS FINAL UNLESS AN APPEAL IS FILED WITH THE WITHIN

BOARD OF IMMIGRATION APPEALS PROPERLY PREPARING YOUR APPEAL.

30

CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION. ATTACHED DOCUMENTS, OFFICE OF THE CLERK P.O. BOX AND FEE OR FEE WAIVER REQUEST

SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR YOUR NOTICE OF APPEAL, MUST BE MAILED TO:

BOARD OF IMMIGRATION APPEALS

8530
VA

FALLS CHURCH,

22041

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING. THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE WITH SECTION SECTION 8

242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C. 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c} (6 ) IF YOU FILE A MOTION u.s.c. SECTION 1229a(c) (6 ) IN REMOVAL PROCEEDINGS.
I

TO REOPEN,

YOUR MOTION MUST BE FILED WITH THIS COURT: IMMIGRATION COURT

900

MARKET STREET, PA

SUITE

504

PHILADELPHIA, OTHER:

19107

COURT CC: DHS OFFICE OF THE CHIEF COUNSEL MARKET STREET, PA, PHILADELPHIA,

CLERK FF

IMMIGRATION COURT

900

19107

SUITE

346

UNITED STATES DEPARTMENT JUSTICE EXECUTIV E OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE PHIL ADELPHIA, P ENNSYLVA NIA

Immigrant & Refugee Appellate Center | www.irac.net

IN THE MA'ITER OF IBRAHIM, Ismail D.

Respondent

) ) ) ) ) ) )

AlOS 009 375

REMOVAL PROCEEDINGS

DETAINED - PIKE

It is hereby ORDERED:

I) Respondent's Motion

.1,, (} '7'J� to Reopen is �. A new hearing date is set for
_

DONE AND ORDERED this Philadelphia, PA

,

;!IA_
l

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