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Jose Maria Sanchez-Cazarez, A205 943 262 (BIA Feb. 10, 2014)

Jose Maria Sanchez-Cazarez, A205 943 262 (BIA Feb. 10, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in absentia order of removal due to lack of notice where the respondent submitted a detailed affidavit from himself and girlfriend disavowing receipt of the hearing notice, acted diligently in seeking reopening, and was eligible to seek cancellation of removal for nonpermanent residents. The decision was written by Member Edward Grant and joined by Member John Guendelsberger and by Member Elise Manuel.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in absentia order of removal due to lack of notice where the respondent submitted a detailed affidavit from himself and girlfriend disavowing receipt of the hearing notice, acted diligently in seeking reopening, and was eligible to seek cancellation of removal for nonpermanent residents. The decision was written by Member Edward Grant and joined by Member John Guendelsberger and by Member Elise Manuel.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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Published by: Immigrant & Refugee Appellate Center, LLC on Feb 24, 2014
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04/13/2014

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Contreras Edin, Gloria Leticia

Contreras Edin & Associates, PLLC
546 Rice Street, Suite 200
Saint Paul, MN 55103
Ì.b. ÜcgaI¡mcu¡ 0ÎJuS¡Îcc
Executive Ofce fr Immigration Review
BoardofImmigrationAppeals
OgceoftheClerk
5 /07 Leeburg Pike, Suite 2000
Falls Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - BLM
2901 Metro Drive, Suite 100
Bloomington, MN 55425
Name: SANCHEZ-CAZAREZ, JOSE MA ... A 205-943-262
Date of this notice: 2/10/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
|õUCl MCHDCI5!
Guendelsberger, John
Grant, Edward ¬.
Manuel, Elise
Sincerely,
D/ caA
Donna Carr
Chief Clerk
TrðnC
U5CfICõH: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Jose Maria Sanchez-Cazarez, A205 943 262 (BIA Feb. 10, 2014)
SANCHEZ-CAZAREZ, JOSE MARIA
A205-943-262
SHERBURNE COUNTY JAIL
13880 BUSINESS CENTER, DR., NW
ELK RIVER, MN 55330
Í.b. ÜcgßItmcHt 0ÍJ08tÎCc
Executive Ofce fr Immigration Review
BoardofImmigrationAppeals
O¿ceoftheClerk
5107 leeburg Pike, Suite 2000
Fall s Ch11rch, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - BLM
2901 Metro Drive, Suite 100
Bloomington, MN 55425
Name: SANCHEZ-CAZAREZ, JOSE MA ... A 205-943-262
Date of this notice: 2/10/2014
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 attorey or representative has been served with this
decision pursuant to ö 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 áÜ days of the date of the decision.
Enclosure
|ôDCl MCHDCI5.
Guendelsberger, John
Grant, Edward ¯.
Manuel, Elise
Sincerely,
Dí c a
Donna Carr
Chief Clerk
1rðnC
U8CDCam: ÛO0ket
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Cite as: Jose Maria Sanchez-Cazarez, A205 943 262 (BIA Feb. 10, 2014)
·U.S. Departmeutof Justice
Eecutve Ofce krImigaton Review
Decision of the Board of Imigation Appeals
Falls Church, Virginia 2Ûð3Û
File: A205 943 262 - Bloomington, N Date:
FEB 1 0 2014
In re: JOSE N SANCHEZ-CAZAREZ a.k.a. Luis Caaez-Sachez
Ü REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Glora L. Conteas Edin, Esquire
ON BEHALF OF OHS:
APLICATION: Repeing
Alexadra R. Tinha
Assistnt Chief Counsel
Te respondet, a native ad citize of Mexico, appeas te decision of te I  gaton
Judge, dated Noveber 18, 2013, denyg hs motion to reopen. Te Deaet of Homelad
Secuty is opposed to te respondent's appeal.
Upon consideation of the totality of te record, we ae satsfe tat te resondet has
established that te order of reova, entere in absetia on Setebe 23, 2013, should be
rescinded on account of lack of notice. ò00 section 240(b)(5)(C)(ii) of te Immigaton ad
Nationality Act, 8 U.S.C. § 1229a(b)(S)(C)(ii); 8 C.F.R. § 1003.23()(4)(ii); ÀCl/0r oJÀ-Ä-A-¿
24 I&N Dec. 665 (IA 2008). Here, te respondent presented a detailed afdavt fom himself
ad his grlfed disavowing receipt of te Notice of Heang in Reoval Proceeing.
Moreover, te respondent diligetly fled his motion to reopen approximately 1 mont afer he
was ordeed reoved fom te United States ad has aiculate a potential basis fr being
gate cacellation of removal uder te prvsions of section 240B(b)(l) of the Act, 8 U.S.C.
§ 1229b()(l). Accordingy, we will reopen tese proceedings in orde to provide te respondet
wit a additional opporunity to appea fr a reova heang. The fllowing order is entered.
ORDER: Te respondent's appeal is sustained, the in absentia order of reova, etere on
Seteber 23, 2013, is rescinded, tese reoval proceedings ae repeed, ad te record is
reade to the Imigation Court fr fer proceedings consistet with te fregoing opion
ad fr te ety of a new decision.
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Cite as: Jose Maria Sanchez-Cazarez, A205 943 262 (BIA Feb. 10, 2014)
#
W
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMMIGRTION COURT
Peralta & Peralta, Ltd.
Peralta, Nelson Ledin
3009 Holmes Ave.
Minneapolis, M 55408
IN THE MATTER OF
SANCHEZ-CAZAREZ, JOSE MARIA
7850 METRO PARKWAY, SUITE 320
BLOOMINGTON, M 55425
FILE A 205-943-262 DATE: Nov 18, 2013
UABLE TO FORWAD - NO ADRESS PROVIDED
v ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUDGE. THIS DECISION
IS FINAL ULESS A APPEAL IS FILED WITH THE BOARD OF IMMIGRTION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUENTS, A FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO: BOARD OF IMMIGRTION APPEALS
OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 20530
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT
OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEAING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMMIGRTION AD NATIONAITY ACT, 8 U.S.C.
SECTION 1252B{c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240{c) (6) g
8 u.s.c. SECTION 1229a(c) ,6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOU MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
7850 METRO PARKWAY, SUITE 320
BLOOMINGTON, M 55425
OTHER:
CC: OFFICE OF CHIEF COUSEL
2901 METRO DR., STE. 100
BLOOMINGTON, M, 55425
COURT CLERK
IMMIGRATION COURT FF
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[ ] The resondent does not oppose the motion.
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