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Mohammed Anwar Hazuri, A034 373 877 (BIA Jan. 16, 2014)

Mohammed Anwar Hazuri, A034 373 877 (BIA Jan. 16, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied the respondent’s motion to reopen without engaging in fact-finding or providing analysis. The decision was written by Member Sharon Hoffman.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied the respondent’s motion to reopen without engaging in fact-finding or providing analysis. The decision was written by Member Sharon Hoffman.

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Published by: Immigrant & Refugee Appellate Center, LLC on Jan 24, 2014
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02/26/2014

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U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk
5107 leesburg Pike, Suite 2000 Fall� Church, Virginia 20530

Sabir, Nashid, Esq. Law Offices Of Nashid Sabir 18441 NW 2 Avenue Suite-217 Miami, FL 33169

OHS/ICE Office of Chief Counsel 333 South Miami Ave., Suite 200 Miami, FL 33130

MIA

Immigrant & Refugee Appellate Center | www.irac.net

Name: HAZURI, MOHAMMED ANWAR

A 034-373-877

Date of this notice: 1/16/2014

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

DorvtL Ct1AAJ
Donna Carr Chief Clerk

Enclosure

Panel Members: Hoffman, Sharon

Lulseges Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Mohammed Anwar Hazuri, A034 373 877 (BIA Jan. 16, 2014)

U.S Department of Justice
..

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review Falls Church, Virginia 20530

File:

A034 373 877

-

Miami, FL

Date:

JAN 16 2014

In re: MOHAMMED ANWAR HAZURI IN REMOVAL PROCEEDINGS CERTIFICATION ON BEHALF OF RESPONDENT: Nashid Sabir, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

APPLICATION: Reopening

The respondent has appealed from the Immigration Judge's decision dated June 24, 2013, denying the motion to reconsider the May 8, 2013, Immigration Judge's denial of a motion to reopen. To resolve any issue of timeliness, the Board will take this case on certification. The Department of Homeland Security (DHS) has filed no reply to the appeal. remanded. The Immigration Judge's May 8, 2013, decision here did not provide any fact-finding or analysis, but instead denied the respondent's motion to reopen "for the reasons more specifically 1 set forth in the DHS's Opposition to the Motion to Reopen." In addition, the Immigration Judge's June 24, 2013, decision merely states "The order of the court of 5-8-13 denies Respondent's motion to reopen filed 3-22-13." Under these circumstances, we find the record inadequate for review. An Immigration Judge's decision that lacks sufficient analysis does not provide an adequate opportunity to the alien to contest the Immigration Judge's determinations on appeal and leaves the Board without adequate means of reviewing the bases for the Immigration Judge's decision in light of the respondent's arguments on appeal. 22 I&N Dec. 468 (BIA 1999); The record will be

P-,

Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994) (finding that an

See Matter ofA­

Immigration Judge must fully explain the reasons for denying a motion in order to allow the respondent a fair opportunity to contest the decision and the Board an opportunity for meaningful appellate review). Accordingly, the record will be remanded to the Immigration Judge for the issuance of full decisions. We intimate no preference, based upon the incomplete decisions, as to the eventual outcome. ORDER: The record is returned to the Immigration Court for further proceedings accordance with this decision.
m

1

The DRS opposed the motion, arguing that it was both number-barre d and untimely. However,

we agree with the respondent that there appears to be no motion filed prior to his March 22, 2013, motion.

Cite as: Mohammed Anwar Hazuri, A034 373 877 (BIA Jan. 16, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ONE RIVERVIEW SQUARE 333 SOUTH MIAMI AVE. SUITE 700 MIAMI, FL. 33130 IN THE MATTER
,

OF
A# 034-373-877 In Removal Proceedings

H azuri Mohammed
Respondent

Immigrant & Refugee Appellate Center | www.irac.net

DECISION ON A MOTION A Motion To Reconsider filed in the above captioned case. The Motion has been duly

considered and it appears to the Com1 that:

[J

The re..-quest is timely and reasonable.

Therefore) lT IS HEREBY ORDERED that

the Motion ·be _GRANTED. Adjournment Code:
__ _ __

[]

The Motion has been duly considered and it appears to the Court that no substantial grounds have been advanced to wanant its grant. Therefore, IT IS

HEREBY ORDERED that the Motion be and the same is hereby DENIED.

[]

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Certificate Of Service
This document was served by: To: [ ] Alien oa1c: [X] Mail [ ] Pers [X] Alien,s Attorney By: Court Staff: [ ] EOIR-28 [ ] OHS/Assistant Chief ounsel

Attachments:

�-a+ I?

[ ] EOIR-33

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