P. 1
Irma Yadira Murillo-Ayala, A078 964 772 (BIA June 3, 2014)

Irma Yadira Murillo-Ayala, A078 964 772 (BIA June 3, 2014)

|Views: 622|Likes:
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in absentia removal order in light of the fact that the respondent was 4 years old at the time of the hearing and is now potentially eligible for relief under the Deferred Action for Childhood Arrivals (DACA) program. The Board also changed venue from Harlingen, Texas, to Orlando, Florida, because the respondent currently resides in Tampa, Florida, and his sister’s removal proceedings also are being conducted in Orlando. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and 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Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in absentia removal order in light of the fact that the respondent was 4 years old at the time of the hearing and is now potentially eligible for relief under the Deferred Action for Childhood Arrivals (DACA) program. The Board also changed venue from Harlingen, Texas, to Orlando, Florida, because the respondent currently resides in Tampa, Florida, and his sister’s removal proceedings also are being conducted in Orlando. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Member Elise Manuel.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

More info:

Published by: Immigrant & Refugee Appellate Center, LLC on Jul 21, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/21/2015

pdf

text

original

Jonathan Drake, Esq.

Toledo P.A.
4115 W. Cypress Street
Tampa, FL 33607
U.S. Department of Justice
Executive Ofce fr I igration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leebur Pike, Suite 2000
Fals Church, Vrinia 20530
OHS/ICE Ofice of Chief Counsel - HLG
1717 Zoy Street
Harlingen, TX 78552
Name: MURILLO-AYALA, IRMA YADIRA A 078-964-772
Date of this notice:
6/3/2014
Enclosed is a copy of the Board's decision ad order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger, John
Hofman, Sharon
Manuel, Elise
Sincerely,
DC c t
Donna Carr
Chief Clerk
Trane
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Irma Yadira Murillo-Ayala, A078 964 772 (BIA June 3, 2014)
U.S. Deparent of Justice
Executive Offce fr Immigation Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 20530
File: A078 964 772 - Harlingen, T
In re: IRMA YADIRA MURILLO-AYALA
IN REMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Jonatha Drae, Esquire
ON BEHALF OF DHS:
APLICATION: Reopening
Delia Irene Gonzalez
Assistant Chief Counsel
JUN - 3 2014
The respondent, a 15-year old native and citizen of Honduras who was ordered removed
fom the United States in absentia at the age of 4, appeals the decision of the Immigration Judge,
mailed August 8, 2012, denying her motion to reopen. The Depament of Homeland Security
("DHS") is opposed to the respondent's appeal
Considering the totality of the evidence presented in this case, including the respondent's
very young age at the time of the entry of the in absentia order of removal and her potential
eligibility fr immigration benefts uder te DHS's Deferred Action fr Childhood A  ivals
program, we are satisfed tat sua sponte reopening is warranted. See Mater of J-J-, 21 I&N
Dec. 976 (BIA 1997).
The respondent is curently residing in Tapa, Florida. The removal proceedings of her
brother, Selvin Murillo-Ayala (A078 964 771 ), have been reopened and venue has been changed
to the Immigration Court in Orlando, Florida, where he is currently scheduled fr a removal
hearing on September 17, 2014. As such, we will, upon our own motion, change the venue of
these proceeding to Orlando, Florida. The respondent may, if she so chooses, contact the
Orlando Immigration Cou in order to have her own proceedings consolidated with tose of her
brother. The fllowing orders are entered.
ORDER: The respondent's appeal is sustained, the in absentia order of removal is rescinded,
and these removal proceedings are reopened.
FURTHER ORER: Venue of these removal proceedings is changed to te Immigation
Court in Orlando, Florida.
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Irma Yadira Murillo-Ayala, A078 964 772 (BIA June 3, 2014)
-
f
j
UITED STATES DEPATENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMMIGRTION COURT
TOLEDO P.A.
SALDAO, GREGORY, ESQ.
4115 WEST CYPRESS STREET
TAPA, FL. 33607
IN THE MATTER OF
MUILLO-AYA, IRM YAIR
2009 W. JEFFERSON AV, STE 300
HLINGEN, TX 78550
FILE A 078-964-772 DATE: Aug 8, 20l3
UABLE TO FORWARD - NO ADRESS PROVIDED
�TTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUGE. THIS DECISION
IS FINA ULESS A APPEA IS FILED WITH THE BOARD OF IMIGRATION APPEALS
WITHIN 30 CAENDA DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEA.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, A FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO: BOAD OF IMMIGRTION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUGE AS THE RESULT
OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVA HEAING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B{c) (3) OF THE IMMIGRATION 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 REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
OTHER:
IMMIGRTION COURT
2009 W. JEFFERSON AVE, STE 300
HLINGEN, TX 78550
w
COUT CLERK
IMMIGRTION COURT
CC: ASSISTAT CHIEF COUSEL
1717 ZOY ST.
HARLINGEN, TX, 785520000
FF
. .... 
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
UITED STATES DEPARTMNT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
HARINGEN IMMIGRATION COURT
HARIGEN, TEXAS
I THE MTTER OF
Irma Yadira MurilJo-Ayala
RESPONDENT
)
)
)
)
)
APPLICATIONS: Motion to Reopen
ON BEHALF OF T RESPONDENT
Gregor Saldamado, Esq.
Toledo P.A.
4115 West Cypress Street
Tampa, FL 33607
August ·� ', 2013
File Number: A 078-964-772
In Removal Proceedings
ON BEHALF OF T GOVERENT
Delia I. Gonzalez
U.S. Department of Homeland Securit
1717 Zoy St.
Harlingen, TX 78552
DECISION OF THE IMMIGRATION JUDGE
On July 29, 2003, the Cour ordered the respondent removed to Honduras in absentia
pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act (Act). The respondent,
though counsel, argues that her removal proceedings should be reopened due to lack of notice.
Te respondent's motion to reopen will be denied.
The Court fnds the respondent received proper notice of her removal hearing in
accordance with section 239(a) of the Act because te Notice to Appear (NT A), which was
personally sered on her mother, contained the date, time and location of the hearing. INA§§
239(a)(l), 240(b)(5)(C)(ii); see also Matter of Gomez-Gomez, 23 l&N Dec. 522 (BIA 2002)
(fnding that the Departent of Homeland Securt had met its burden of proving a minor
respondent's removability where the fther of an 8-year old respondent had signed the child's
Notice to Appea and frished data o
r
the For 1-213).
Additionally, the Cou concludes the circumstances of this case do not warrant the
exercise of the Court's limited discretion to reopen sua sponte. See Matter of J-J, 21 I&N Dec.
976 (BIA 1997).
Accordingly, the fllowing orders shall be entered:
ORDER: The respondent's motion to reopen is DENIED.
��
Eleaa Tovar
United States Immigration Judge
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->