In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings because the respondent was erroneously advised by an immigration consultant that his problem had been "fixed" and he did not need to appear at his scheduled hearing. The decision was written by Member Sharon Hoffman and joined by Member Charles Adkins-Blanch and Member John Guendelsberger.
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings because the respondent was erroneously advised by an immigration consultant that his problem had been "fixed" and he did not need to appear at his scheduled hearing. The decision was written by Member Sharon Hoffman and joined by Member Charles Adkins-Blanch and Member John Guendelsberger.
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings because the respondent was erroneously advised by an immigration consultant that his problem had been "fixed" and he did not need to appear at his scheduled hearing. The decision was written by Member Sharon Hoffman and joined by Member Charles Adkins-Blanch and Member John Guendelsberger.
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 I m m i g r a n t
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w w w . i r a c . n e t 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 I m m i g r a n t
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w w w . i r a c . n e t 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: ~~ g: t: 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 . -<_J . \- J " ` ~* - ,,_1 -;--- ._, !@ :-n-nrn ..<c f() c -\' -. q oc. ;:..-. FF I m m i g r a n t