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Vladimir Perez Santana, A045 748 290 (BIA Mar. 31, 2014)

Vladimir Perez Santana, A045 748 290 (BIA Mar. 31, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the First Circuit, reopened and terminated proceedings in light of the non-opposition of the Department of Homeland Security. In Perez Santana v. Holder, 731 F.3d 50 (1st Cir. 2013), the First Circuit struck down the regulatory “post-departure bar” at 8 C.F.R. 1003.2(d) that precludes noncitizens from filing a motion to reopen after their departure from the United States. The decision was issued by Member David Holmes.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the First Circuit, reopened and terminated proceedings in light of the non-opposition of the Department of Homeland Security. In Perez Santana v. Holder, 731 F.3d 50 (1st Cir. 2013), the First Circuit struck down the regulatory “post-departure bar” at 8 C.F.R. 1003.2(d) that precludes noncitizens from filing a motion to reopen after their departure from the United States. The decision was issued by Member David Holmes.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 Apr 09, 2014
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06/14/2014

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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 Falls Church, Virginia 20530

Rubin, Jeffrey Law Office of Jeffrey B. Rubin, P.C. One Center Plaza, Suite 230 Boston, MA 02108

OHS/ICE Office of Chief Counsel - BOS P .0. Box 8728 Boston, MA 02114

Immigrant & Refugee Appellate Center | www.irac.net

Name: PEREZ SANTANA, VLADIMIR

A 045-748-290

Date of this notice: 3/31/2014

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

DonnL ct1/Vt.)
Donna Carr Chief Clerk

Enclosure

Panel Members: Holmes, David B.

schuckec Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Vladimir Perez Santana, A045 748 290 (BIA Mar. 31, 2014)
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U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board oflmmigration Appeals

File:

A045 748 290

-

Boston, MA

Date:

MAR 31 2014

Immigrant & Refugee Appellate Center | www.irac.net

In re: VLADIMIR PEREZ SANTANA a.k.a. Vladimir Perez
IN REMOVAL PROCEEDINGS

MOTION ON BEHALF OF RESPONDENT: Jeffrey B. Rubin, Esquire ON BEHALF OF DHS: Frank Crowley Senior Attorney APPLICATION: Reopening

This case is before the Board pursuant to a September 27, 2013, order of the United States Court of Appeals for the First Circuit. Subsequently, the Department of Homeland Security The respondent has submitted a motion for an (DHS) filed a non-opposition to the respondent's motion to reopen, and non-opposition to termination of proceedings without prejudice. expedited decision. further action. ·ORDER: The respondent's removal proceedings are reopened and terminated, without Accordingly, we will reopen and terminate, without prejudice, the

respondent's removal proceedings, and return the record to the Immigration Court without

prejudice, and the record is returned to the Immigration Court without further action.

FOR THE BOARD

Cite as: Vladimir Perez Santana, A045 748 290 (BIA Mar. 31, 2014)
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