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Fernandez-Herrera, Pablo, Esq.

Law Ofce P. F. Herrera


82 East Post Road
White Plains, NY 10601
U.S. Department of Justice
Executive Ofice fr Imigation Review
Board of Immigation Appeals
Ofce of the Clerk
5107 lebur Pk, Suit 2000
Fals Curch, Virinia 22041
OHS/ICE Ofice of Chief Counsel -ATL
180 Spring Street, Suite 332
Atlanta, GA 30303
Name: MORALES, CUAUHTEMOC JESUS
A 095-949-625
Dat o this notice: 10/18/2012
Enclosed is a copy of the Board's deision and order in the above-referenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Hofman, Sharon
Guendelsberger, John
Sincerely,
Do Cav
Donna Carr
Chief Clerk
lucasd
Userteam: Docket
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Cite as: Cuauhtemoc Jesus Morales, A095 949 625 (BIA Oct. 18, 2012)
U.S. Deparent of Justice
Executive.Ofce fr Imigation Review
Falls Church, Virginia 22041
File: A095 949 625 - Atlanta, GA
I re: CUAUHTEMOC JESUS MORAES
IN REMOVAL PROCEEDINGS
APPEAL
Decision of the Board of Imigation Appeals
Date: OCT 18 2012
ON BEHALF OF RESPONDENT: Pablo E. Ferandez-Herrera, Esquire
ON BEHAF OF OHS: Joy Lampley
Assistant Chief Counsel
APPLICATION: Reopening
The respondent, a native and citizen of Mexico, was ordered removed in absentia on
Mach 8, 2011. On September 13, 2011, the respondent filed a motion to reopen procedings, which
the Immigation Judge denied on November 9, 2011. The respondent filed a timely appeal of that
decision. The appeal will be sustained, proceedings will be reopened ad the record will be
remanded.
Upon review, and in view of the particular circumstances presented in this case, including
the respondent's afdavit in which he stated that he was a victim of fraud by an immigation
consultant who advised him that he had "fxed" the problem and that he was not required to appear
for his March 8, 2011, hearing, we are persuaded that the respondent demonstrated exceptional
circumstances t excuse his filure to appea for his hearing. See Montano Cisneros v. US Attorey
Gen., 514 F.3d 1224 (I I t Cir 2008). Accordingly, we will allow the respondent aother opportunity
to appea fr a hearing.
ORDER: The appeal is sustained, proceedings are reopened and the reord is remanded to
the Immigation Judge for fther proceedings.
FOR THE
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Cite as: Cuauhtemoc Jesus Morales, A095 949 625 (BIA Oct. 18, 2012)

UITED STATES DEPATMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMMIGRATION COURT
180 SPRING ST., SW, SUITE 241
ATLATA, GA 30303
FERANDEZ-HERRER, ESQ., PABLO E.
82 EAST POST RD
WHITE PLINS, N 10601
IN THE MATTER OF FILE A 095-949-625
MORLES, CUAUHTEMOC JESUS
UNALE TO FORWA - NO ADDRESS PROVIDED

' TTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION
f'; FINAL UNLESS A APPEAL IS FILED WITH THE BOARD OF IMMIGRTION APPEAS
WITHIN 30 CALENA DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEA.
YOUR NOTICE O? APPEA, ATTACHED DOCUMENTS, A FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO: BOAD OF IMMIGRATION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALS CHUR
.
CH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUDGE AS THE RESULT
OF YOUR FAILUE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND 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 MO'N;.:;
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COUT:
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IMMIGRATION COURT
180 SPRING ST., SW, SUITE 241
ATLANTA, GA 30303
CC: OFFICE CHIEF COUSEL
180 SPRING ST SUITE 332
ATLANTA, GA, 30303
COUT C
IMMIGRTION COURT
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