U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Qlfice of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virginia 22041

OHS/ICE Office of Chief Counsel - OAK

1010 East Whatley Road
Oakdale, LA 71463-1128

Name: ECHEMENDIA, MARIO

A 024-666-407

Date of this notice: 6/14/2016

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

Deruuz_ Ca..,vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Mario Echemendia, A024 666 407 (BIA June 14, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Oviedo-Reyes, Alfonso, Esq.

8370 W. Flagler Street, Suite 110
Miami, FL 33144-0000

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Fal,s Church, Virginia 22041

File: A024 666 407 - Oakdale, LA

Date:

In re: MARIO ECHEMENDIA

JUN 1 It 2016

MOTION
ON BEHALF OF RESPONDENT: Alfonso E. Oviedo-Reyes, Esquire
APPLICATION: Reopening
This matter is now before the Board pursuant to an order issued by the United States Court of
Appeals for the Fifth Circuit on March 9, 2016. The Fifth Circuit granted the parties' Joint
Motion to Remand this matter to the Board for reconsideration of our September 21, 2015,
decision, which denied the respondent's untimely motion to reopen. After the Fifth Circuit.
issued its order, the respondent filed with the Board a motion to remand to the Immigration
Judge and to change venue. The record before us does not contain a reply to the motion from the
Department of Homeland Security (DHS), and the motion is therefore deemed unopposed. See
8 C.F.R. I 003.2(g)(3).
Upon review of the record before us, we find it appropriate to reopen proceedings pursuant to
8 C.F.R. 1003.2(a) and to remand the record to the Immigration Judge for further consideration
of the respondent's eligibility for relief from removal in light of the respondent's current criminal
record and the issues set out in the Fifth Circuit's order and the parties' Joint Motion to Remand.
The respondent's motion to change venue to Miami, Florida has not been opposed by the
DHS, and the motion will be granted.
ORDER: The proceedings in this matter are reopened pursuant to 8 C.F.R. 1003.2(a), and
the record is remanded to the Immigration Judge for further proceedings consistent with the
foregoing opinion and the entry of a new decision.
FURTHER ORDER: Venue in this matter is changed to Miami, Florida.

Cite as: Mario Echemendia, A024 666 407 (BIA June 14, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS