Bankole Esq.

, Solomon
U.S. Department of Justice
Executive Ofce fr Immigration Review
8oorof !|grot|onAppeo
j
s
upceofthec|erk
5107 Leeburg Pike, Suite 2000
Fls Ch11rch. Vrginia 20530
Law Ofices of Solomon Banko le P .C.
13 C Street, Suite F
OHS/ICE Ofice of Chief Counsel BAL
31 Hopkins Plaza, Room 1600
Baltimore, MD 21201
Laurel, MD 20707
Name: SAM, JOE A 097 -963-699
Date of this notice: 3/10/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
DC c l
Donna Car
Chief Clerk
williame
Userteam: Docket
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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Joe Sam, A097 963 699 (BIA Mar. 10, 2014)
U.S. Department of Justice , , Decision of the Boad of Immigration Appeals
Executive Ofce fr Immigration Review
Falls Church, Virginia 20530
File: A097 963 699 - Baltimore, MD
I re: JOE SAM
IN RMOVAL PROCEEDIGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Solomon Bankole, Esquire
APPLICATION: Reopening
MAR 1 0 2014
The respondent, a native and citizen of Ghana, appeals the decision of the Immigration
Judge, mailed December 20, 2012, denying his motion to reopen.
We conclude that it is appropriate to retur the record to the Immigration Judge fr frther
consideration of the respondent's motion to reopen. The Immigration Judge has not
meaningflly explained the basis fr her holding tat "The Cout is not persuaded that reopening
is war anted." See Mater o{M-P-, 20 I&N Dec. 786 (BIA 1994) (holding that, when a motion
to reopen proceedings is denied, the Immigration Judge must identif and flly explain the
reasons fr such decision). Moreover, given that section 240( c )(7)(A) of the Immigration and
Nationality Act, 8 U.S.C. 1229a(c)(7)(A), provides that, in general, an alien is permitted to fle
only a single motion to reopen, the basis fr the Immigation Judge's decision to deny the
respondent's motion to reopen ''without prejudice" is unclear. Accordingly, the record will be
reted to the Immigation Judge fr preparation of a fll decision that clearly articulates her
rationale fr denying the respondent's motion to reopen witout prejudice.
Upon preparation of the fll decision, unless the Immigration Judge gants reopenng, the
Immigation Judge shall issue an order administratively returing the record to the Board. The
Immigration Judge shall serve the administative ret order on the respondent and the
Deparment of Homeland Security. Te Board will thereafer give the paries an opportunity to
submit briefs in accordance with the regulations. The fllowing order is entered.
ORDER: Te record is retred to the Immigration Judge fr furher action as required
above.
1
1 The respondent remains subject to the order of removal which was entered by the Immigation
Judge on November 3, 2011. However, the respondent is not precluded fom fling a renewed
request fr a stay of removal with the Immigration Judge.
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Cite as: Joe Sam, A097 963 699 (BIA Mar. 10, 2014)
l
-
'
__
BAKOLE, SOLOMON
13 C STREET SUITE F
LAUEL, M 20707
IN THE MTTER OF
SA, JOE
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
IMMIGRTION COUT
31 HOPKINS PLAZA, ROOM 440
BTIMORE, M 21201
FILE A 097-963-699 DATE: Dec 20, 2011
UALE TO FORWARD - NO ADRESS PROVIDED
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUGE. THIS DECISION
IS FINA ULESS A APPEA IS FILED WITH THE BOAD OF IMIGRTION 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 APPEA, ATTACHED DOCUENTS, A FEE OR FEE WAIVR REQUEST
MU$T BE MIED TO: BOARD OF IMIGRTION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUGE A THE RESULT
OF YOU FAILURE TO APPEA AT YOUR SCHEDUED DEPORTATION OR REMOVA HEAING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SETION 242B(c) (3) OF THE IMMIGRTION A NATIONALITY ACT, S U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6) I
8 U.S.C'. SECTION 122.a(c} (6) IN REMOVA PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOU MOTION MUST BE FILED WITH THIS COURT:
X OTHER: SEE ATTACHED ORDER
CC: DHS
I I
IMMIGRTION COUT
31 HOPKINS PLAZA, ROOM 440
BALTIMORE, M 21201
B. RICHADS
COURT CLERK
IMMIGRATION COURT
?
FF
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UITED STATES DEPATMENT OF JSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
BALTIOR, MARYLAND
I THE MATTER OF

Joe SAM A097 963 699

Respondent
In Removal Proceedngs
I THE MTTER OF SAM, Joe A097 963 699
ORDER OF IMMIGRATION JUDGE
Upon consideration of the Respondent's attorey's MoReopen, it is HEREBY
ORDERD tat the motion be GRTED DENIE
q
because:
nl
_
DHS does not oppose te motion.

The Respondent does not oppose the motion.

A response to te motion has not been fled with the cou.
Good cause has been established fr the motion.
The court agrees wit the reasons stated in the opposition to te moton.
_
Te motion is untimely per .

. #
v Other: I.i. ""o..

.
Deadlines: __ _ /-(b
, /rt 2
_
The application(s) fr r er must be fled ty A x/; ,
Date
_
The respondent must comply wt DHS biometics instrctions by
f1C1' 1 ' r:11 v

<

Judge Elzabet A. Kessler

CERTIFICOF SERVICE
To: ] lien [ ] Alien c/o custodial ofcer 'Aliens Aty ep DHS
This docuent was served by: Mail ]nal Srvice
Date: a J l l By: Court Staf
. '.
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