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Armando Martinez-Vazquez, A089 856 873 (BIA June 25, 2014)

Armando Martinez-Vazquez, A089 856 873 (BIA June 25, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia where the respondent submitted a statement disavowing receipt of the notice advancing the date of the hearing, surrendered to immigration officers upon receipt of Form I-340, and filed a motion to reopen in diligent manner. The decision was written by Member Sharon Hoffman and joined by Vice Chairman Charles Adkins-Blanch and Member John Guendelsberger.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia where the respondent submitted a statement disavowing receipt of the notice advancing the date of the hearing, surrendered to immigration officers upon receipt of Form I-340, and filed a motion to reopen in diligent manner. The decision was written by Member Sharon Hoffman and joined by Vice Chairman Charles Adkins-Blanch and Member John Guendelsberger.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 Aug 04, 2014
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04/30/2015

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Trakas, Maria Ronie

Ferrentino & Sarikas, LLC
33 Norh LaSalle, Suite 2015
Chicago, IL 60602
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
J1J7leesburg Pike. Suite 2JJJ
Fals Church. lrginta 2JJJJ
OHS/ICE Ofce of Chief Counsel - CHI
525 West Van Buren Street
Chicago, IL 60607
Name: MARTINEZ-VAZQUEZ, ARMANDO A 089-856-873
Date of this notice: 6/25/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Hofman, Sharon
Sincerely,
DO c t
Donna Carr
Chief Clerk
yungc
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Armando Martinez-Vazquez, A089 856 873 (BIA June 25, 2014)
MARTINEZ-VAZQUEZ, ARMANDO
A089-856-873
DODGE COUNTY JAIL
216 WEST CENTER STREET
JUNEAU, WI 53039
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
J1J7Leesburg Pike. S11ite 2JJJ
Fals Church, Virginia 2JJJJ
OHS/ICE Ofce of Chief Counsel - CHI
525 West Van Buren Street
Chicago, IL 60607
Name: MARTINEZ-VAZQUEZ, ARMANDO A 089-856-873
Date of this notice: 6/25/2014
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you U a courtesy. Your attorey or representative has been sered with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be
removed fom the United States or afrms Ü 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 30 days of the date of the decision.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Hofman, Sharon
Sincerely,
DO Ca 
Donna Carr
Chief Clerk
yungc
Useream: Docket
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Cite as: Armando Martinez-Vazquez, A089 856 873 (BIA June 25, 2014)
U.S. Department of Justce
Eeutive Ofce fr Imigtion Review
Decision of the Boar of Imigrton Aps
Fal Cuh Virginia 20530
File: A089 856 873 - Chicgo, IL
I re: ARMANDO MARTIEZ-VAZQUEZ
I REMOVAL PROCEEDIGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Mara Traa, Esquire
ON BEHALF OF OHS: Robin Rasche
Assistat Chief Counsel
APPLICATION: Reopening
JUN
2 5 2014
Te respondent, a natve ad citizen of Mexico, appeals the decision of te Immigaton
Judge, dated November 13, 2013, denying his moton to repen. The Dearent of Homelad
Seurity is oppose to te repondent's appeal.
Upon consideraton of te totality of the record, we conclude that te respondet has
established that the order of removal, entered in absentia on June 20, 2013, should be rescinded
on account of lack of notice. See section 240(b)(5)(C)(ii) of the Immigation ad Nationality Act,
8 U.S.C. § 1229a(b)(5)(C)(ii); 8 C.F.R. § 1003.23(b)(4)(ii); Matter of M-R-A-, 24 l&N Dec. 665
(BIA 2008). While the respondet apparently received a pror Notice of Hearing in Removal
Proceedings ("NOH") which placed him on notice of a later removal hearing, he has presente a
perona statemet disavowing reeipt of the NOH which placed him on notice of the advace
hearing date. Moreover, he surendered to immigation ofcers upon receipt of a Notce to
Obligor to Deliver Alien (For 1-340). Te resondent also fled his motion to reopen in a
diliget manner. Accordingy, we will reopen these proceedings in order to provide the
respondent with a additional opprtnity to appea fr a removal hearng. Te fllowing order
is entere.
ORDER: The respondent's appeal is sustaine, the in absenta orde of removal, entere on
June 20, 2013, is rescinded, thee removal proceedings are reopened, and the recrd is reade
to the I  igation Court fr frther proceedings consistent with the fregoing opinion ad fr
the ent of a new decision.
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UITED STATES DEPATMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMMIGRATION COURT
Ferrentino Ñ Sarikas, LLC
Trakas, Maria
33 N. LaSalle, Suite 2015
Chicago, IL 60602
525 W. VA BU, SUITE 500
CHICAGO, IL 60607
Date: Nov 15, 2013
File A089-856-873
In the Matter of:
MARTINEZ-VAZQUEZ, ARMADO
Attached is a copy of the written decision of the Immigration Judge.
This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
Immigration Appeals on or before
The appeal must be accompanied by proof of paid ,,fee ($110. 00) .
Enclosed is a copy of the oral decision.
Enclosed is a transcript of the testimony of record.
You are granted until to submit a brief
to this office in support of your appeal.
to submit a
\,
''� ..
Opposing counsel is granted until
brief in opposition  peal 
Enclosed is a copy of t��:.�.i s of the Immigration Judge.
All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
migration
cc: SAH ZELD, ASST. CHIEF COUSEL
525 W. VA BUREN, SUITE 701
CHICAGO, IL 60607
UL
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UNITED STATES DEPARTMENT OF JUSTICE
EXCUTIVE OFFICE FOR IMIGRTION RVW
OFFICE OF TH IMGRATION JUDGE

'
CHICAGO, ILINOIS
In the Matter of: Anando Martinez-Vasquez A Number: A089 856 873
ORDER OF THE IMMIGRTION JUDGE
Upn considertion of the Deparent's Motion to  ����Proceed�
Pu, it is HEREBY ORDERED that the motion be C GRANTE�
because:
C The Department does not oppose the motion.
C Te respondent does not oppose the motion.
C A response to the motion has not been fled with the cour.
C Good cause has been established fr the motion.
C Te cour agrees with the reasons stated in the opposition to the motion.
C The motion is untimely per
.
·
.
I
. Other:
\e  moho( +c c�-ç«- I ¶ not [L<1 Q ¡a-.¸ b_ res pond co\ 5
Deadlines:
own decloco1on cc�o.¬·,_ the. ca .oos Fr hl.S � 
C The application(s) fr relief must be fled by   l
C The respndent must comply with the Department's biometrics instuctions by
Date
Cert"fcate ervi e -
This document was served by: l Per Serice
To: C Alien
</
�lien c/o Custodial Ofcer ien s A 
Date: /I' ' I
By: Cour Staf
-
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