Castaneda, Jason, Esq.

Law Ofce
2202 Strawberr Road
Pasadena, TX 77502-3937
Name: OYENIYI, OYEKUNLE
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leCJburg Pike, S11ite 2000
Fall Church, Vrginia 22041
OHS/ICE Ofice of Chief Counsel • HOU
126 Norhpoint Drive, Suite 2020
Houston, TX 77060
A 099-277 ·993
Date of this notice: 6/28/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Hofman, Sharon
Manuel, Elise
Adkins-Blanch, Charles K.
Sincerely,
DOc t
Donna Carr
Chief Clerk
yungc
Userteam: Docket
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Cite as: Oyekunle Oyeniyi, A099 277 993 (BIA June 28, 2013)
U.S. Depaent of Justce
EeOfc fr Imgon Re
Do o te Bo o Imgon Ap
FalCu Vl 2201
File: A099 277 993 - Houson, T Date:
I re: OY OY a.ka. Elijah Oyeniyi
I ROVA PROCEEDIGS
CETIICATION
ON BEF OF RESPONDET: Jason Castae Esquire
ON BEHALF OF DHS: Chalote K. Lang
Assistant Chief Counsel
APLICATON: Repening
JUN 2 8 2013
The respondent, a native and citizen of Nigeria, was ordere remove in absenta on
Agust 2, 2011. On Novembe 4, 2011, the respondent fled a timely motion to repen
proce gs, which the Immigation Judge denie on Ocober 1, 2012. The Boad wll cnsider
this matte under its cerifcation athorty. See 8 C.F.R. § 1003 .1 ( c ). The Immigon Judge's
deision will be re proce gs will be repeed, and the rerd will be remande.
The Immigtion Judge denie the respondent's moton to repe fnding tat he had file to
estlish that he did not receive proper notice fr his hearing. The evidence submitted with te
responde's motion however, suppors his claim that the Depaent of Homelad Secuity
(HS) did not mail the Febr 24, 2011, Notce to Apper (x. 1) to the most crent addres
t the rndent h provide to the DHS, but rather u a older address that h ben
provide by the respondent in a 2005 application fr adjustment of st (Moton to Reopn,
tas H-N; Exh. 3). The Immigaton Cour i tr mailed te Notce of Hearing t the sme
addess provide by the DHS. However, the adjustment ad employment athortion
applictions t the respondent fle on October 31, 2010, contane his crent addres (Moton
to Reopn, tab H. Thus, whee the address use by the DHS w an old address and the
resondet claime that he did not reive notce of these proceings, the responden
esablished tat repening and rescission of the in absentia order was war ane beause notce
w not prope. SeeMaterofGY-R-, 23 I&N Dec. 181 (IA 2001).
ORDE: The Immigaton Judge's deision is reversed, the in absntia order is resinde,
the proceings ae reopene, ad the reord is remande to the Immigaton Judge fr fher
p�gs.
[ �
FOR T BOAD
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Cite as: Oyekunle Oyeniyi, A099 277 993 (BIA June 28, 2013)
REC'D OCT
2
2 2012
JASON CASTANEDA, ESQ.
2202 STRAWBERRY
PASAENA, TX 77502
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRTION COURT
.600 JEFFERSON, SUITE 900
HOUSTON, TX 77002
Date: Oct 5, 2012
' --·
File A099-277-993
In the Matter of:
OYENIYI, OYEKULE
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 op or before
The appeal must be ac�ompanied by proof of paid fee ($110.00).
Enclosed is a copy of the oral decision.
Enclosed is a transcript of the testimony of record.
o:
.�
You are granted until to submit a bri�
to this office in support of your appeal.
�;�
Opposing counsel is granted until
brief in opposition to the appeal.
�nclosed is a copy of the order/decision
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to sub���
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of the Immigr�on
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All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
Sincerely,
Imm��
cc: CHARLOTTE LG, A.C.C.
126 NORTHPOINT DR., ROOM 2020
HOUSTON, TX 77060
UL
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UNITED1STATES DEPARTMENT OF JSTICE
EXECUTIVE OFFICE FOR IMMGRTION RVIEW
IMMIGRATION COURT
HOUSTON, TEXS
I THE MATTER OF:
)
)
)
)
)
ELIJAH OYENIYI, FILE NO. A099-277-993
RESPONDENT
ORDER DENYING RESPONDENT'S MOTION TO ROPEN
Came on fr consideration teespondent's Motion to Reoen fled November 4, 201. The
Court, afer considering the Motk- and the Goverent's Oppositon, enters this order DENYIG
the motion.
Respondent was ordered removed on August 2, 2011 due to Respondent's failure to appear
at the master calendar hearing, which was held on that date. Respondent's motion includes a
statement that he never received the notice of hearing (OH) indicating that he had a hearing on
August 2, 2011. Respondent did not include a swor statement, however. Statements made in a
motion are not evidence, so that te Motion to Reopen is not suppored by sufcient evidence.
The Court recognizes and notes tat te address on the NOH looks diferent than that
typically used by the Court, in tat ,the word "South" is located on the line wt the home address,
rter than beig pa of te next line, so tat the term "South Houston" is divide up. However, the
zip code provided was te same one: provided by Respondent and terefre presumably correct, and
applicable to South Houston, so that this should not have created any confsion.1 The Court
additionally notes that the envelope containing the NOH was not returned to the Cour.
1 South Houston, Texas is a town located between Houston, Texas and Pasadena, Texas.
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Having filed to provide valid reasons fr granting his Motion to Reopen, it is ORERD
that Rspondent's Motion to RJpe is DE.
i
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cc: al paries
Immigration Judge
Chris A. Brisack
Date: October 1, 2012
-2-
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