U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 Leesburg Pike, Suite 2000

Falls Church, Virginia 22041

Granados, Bernard, Esq. OHS/ICE Office of Chief Counsel - LOS

Law Office Bernard Granados 606 S. Olive Street, 8th Floor
3731 Wilshire Blvd suite 500 Los Angeles, CA 90014
Los Angeles, CA 90010

Name: GUDIEL, EWIN NOE A 071-581-866

Date of this notice: 2/16/2018

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

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Adkins-Blanch, Charles K.
Kelly, Edward F.
Snow, Thomas G

� .: - . .- . '

Userteam: Docket

Cite as: Edwin Noe Gudiel, A071 581 866 (BIA Feb. 16, 2018)
• U.S." Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A071 581 866- Los Angeles, CA Date:

rEB 16 2018
In re: Edwin Noe GUDIEL

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Bernard Granados, Esquire ••

APPLICATION: Reopening; reconsideration

The respondent has appealed the Immigration Judge's decision dated August 23, 2017, denying
his motion to reconsider the prior decision denying his motion to reopen. The Immigration Judge
had previously ordered the respondent removed in absentia for his failure to appear at the hearing
on October 27, 2016. We review an Immigration Judge's findings of fact for clear error, but
questions of law, discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R.
§§ 1003.l (d)(3)(i), (ii). We have considered the totality of the circumstances presented in this
case, including the respondent's appearance at more than 15 prior hearings, the evidence that his
car broke down en route to the final hearing, and the arguments set forth in his timely filed motions,
and find that exceptional circumstances for the respondent's failure to appear have been shown.
See section 240(b)(5)(C)(i) of the Immigration and Nationality Act; 8 C.F.R. § 1003.23(b)(4)(ii);
Singh v. INS, 213 F.3d 1050 (9th Cir. 2000). Accordingly, the respondent's appeal will be
sustained, the in absentia order will be rescinded, the proceedings will be reopened, and the record
will be remanded to allow the respondent another opportunity to appear for his hearing.

ORDER: The appeal is sustained.

FURTHER ORDER: These proceedings are reopened, the in absentia order of removal is
vacated, and the record is remanded to the Immigration Court for further proceedings.

FOR THE BOARD

Cite as: Edwin Noe Gudiel, A071 581 866 (BIA Feb. 16, 2018)