In this unpublished opinion, the Board of Immigration Appeals (BIA) granted the respondent's untimely motion to reopen an in absentia removal order upon finding he failed to attend his removal hearing due to ineffective assistance of counsel by his former attorney. The opinion was written by Member Charles A. Adkins-Blanch and joined by Member Elise L. Manuel and Member John Guendelsberger.
In this unpublished opinion, the Board of Immigration Appeals (BIA) granted the respondent's untimely motion to reopen an in absentia removal order upon finding he failed to attend his removal hearing due to ineffective assistance of counsel by his former attorney. The opinion was written by Member Charles A. Adkins-Blanch and joined by Member Elise L. Manuel and Member John Guendelsberger.
In this unpublished opinion, the Board of Immigration Appeals (BIA) granted the respondent's untimely motion to reopen an in absentia removal order upon finding he failed to attend his removal hearing due to ineffective assistance of counsel by his former attorney. The opinion was written by Member Charles A. Adkins-Blanch and joined by Member Elise L. Manuel and Member John Guendelsberger.
65 Broadway, Suite 2101 New York, NY 10006 Name: CISSE1 MAHAMADOU U.S. Department of Justice Executive Ofce krImmigration Review Boardof Imm/grat/oAppeals OjceoftheClerk 5/07 Leebur Pike, Sui1e 2000 Fals Church, Vrginia 22041 OHS/ICE Ofice of Chief Counsel NYC 26 Federal Plaza, Room 1130 New York, NY 10278 A 097-981-226 Date of this notice: 10/5/2012 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Manuel, Elise L. Adkins-Blanch, Charles K. Guendelsberger, John Sincerely, |C c O Donna Carr Chief Clerk schwarzA Useream: 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: Mahamadou Cisse, A097 981 226 (BIA Oct. 5, 2012) U.b.Dccatof Jucc Ex Ofc forgouRe Douo t B o wQp FalCwV201 Ftle: A097 981 226 - Ne York, ! I re: MOU CISSE I ROVA PROCEEDIGS APEA Date: ON BE OF RSPONE: Andrew Johnson Esquire APLICATION: Repeng u ^9WK The rpondent, a nate ad ctn of Mli, was ordere reove in asnta on October 22, 2010. On Agst 29, 2011, the respondent fe a moton to repen proet, whch a Imigon Judge denie on Setembe 15, 2011. The rspondent fe a tely apel of that deision. T appe wll be se proceings w be repene ad the rerd w be rde. The Imgton Judge found 0the resonden's moton to repen proces wa untmely. Howeer, he did not address the respondent's agmens with respec to eutable tolling ad inef ve asisace by his frer cunsel. Upon review, we fnd that the respondent adequaely eslishe that euitle tolng of the 180 -day te limt is warted ba upon hs sbsana cmpliac with the requirements of our holding in mMcrof Lz, 19 I&N De. 637 (IA 1988), afd, 857 F .2d 10 (1st Cir. 1988), including that his forer counsel was discipline by the New York State Ba aound the se tme as the respondent's scheduled heing. The responden show that his forer cunsel provide inef eve asistnc with respect to misinforng Nof the te for N hering as well as fg to fllow up ad provide the responde wth the inoron nes to allow the respondent to purse a tmely moton to repen mreponse to the Imigon Judge's in asnta order. We fhe note that forer cunsel ben note of the reponden's compla by ce m ad there no reponse. Conseuently he show 0 he m the heng as the reult of Nfrer cunsl's inefeve assisanc ad elishe ecptonal O>to ece his mmto ape. I vew of thes m we w repe proe ss the resonde's appe of the Imigon Judge's denia of the moton ad allow the repondent aother oppornit to appe fr a heng. 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: Mahamadou Cisse, A097 981 226 (BIA Oct. 5, 2012) A097 981 226 ORE Te appea is ssne proeg ae reopene ad te rerd is remde fr fer precnsistet wte aove opion. 2 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: Mahamadou Cisse, A097 981 226 (BIA Oct. 5, 2012) UITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 26 FEDER PLZ 12TH FL.,RM1237 NEW YORK, N 10278 LW OFFICES OF ADREW P. JOHSON AREW P. JOHNSON, ESQ. 65 BROAWAY, SUITE 2101 NEW YORK, N 10006 IN THE MATTER OF FILE A 097-981-226 CISSE, MOU - NO ADRESS PROVIDED DATE: Sep 19, 2011 _ALE TO FORWARD :TACHED IS A COPY IS FINAL ULESS A WITHIN 30 CALENDAR OF THE DECISION OF THE IMMIGRTION JUDGE. THIS DECISION APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION. SEE THE ENCLOSED FORMS AD INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEA. YOUR NOTICE OF APPEA, ATTACHED DOCUMENTS, A FEE OR FEE WAIVER REQUEST MUST BE MAILED TO: BOARD OF IMIGRTION APPEAS OFFICE OF THE CLERK P.O. BOX 8530 FALLS CHURCH, VA 22041 ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING. THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE WITH SECTION 242B(c) (3) OF THE IMMIGRATION AD 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 MOTION TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT: OTHER: IMMIGRTION COURT 26 FEDERL PLZ 12TH FL.,RM1237 NEW YORK, NY 10278 CC: DISTRICT COUNSEL, NYC DISTRICT 26 FEDERL PLAZA, ROOM #1130 NEW YORK, NY, 10278 FF I m m i g r a n t
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Exeutive Of fr Imigtion Review lmigrQion Court OrdcrcnMcticntcRccpcnGPrccccdings In the Matter of: I_Sc ,-- RESPONDENT/APPLICANT CaseNo.:A :[ - 7 Docket: __ _ _____ __ I REMOVAL PRO CEEDIGS ORDEROTHEUM1GRATON3UGE Upon consideration of respondents's/written 0 on to Reconsider a Immigration Judge's decision Motion to Reopen proceedings fed in the above entitled matter, it is HEREBYORDEREDthat the motion l be
i, /., .r- be denied fr the reasons indicated in the attached decision. / r f .I/f :--( -( :)(. Immigration Judge ' Date:. ______ . ___ Fon EI 2 Rev. Apr. 0 I m m i g r a n t