Trujillo, Annabella

Trujillo & Associates, P.A.

6800 S.W. 40 Street, Ste# 198
Miami, FL 33155
Name: GONZALEZ RIOL,ADAYN
U.S. Department of Justice
Executive Ofce fr Immigration Review
8ocro( Iootgrct|ooAppecls
uceo(theclerk
J!0/Lc0ttrg li8c, uitc2000
Inl/rChurch, Irgittid ZJ01!
OHS/ICE Ofice of Chief Counsel MIA
333 South Miami Ave., Suite 200
Miami, FL 33130
A 094-931-009
Date of this notice: 4/18/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Hofman, Sharon
Guendelsberger, John
Sincerely,
D= c t
Donna Carr
Chief Clerk
williame
Userteam: Docket
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Cite as: Adayn Gonzalez Riol, A094 931 009 (BIA Apr. 18, 2013)
U.S. Deparent of Justice
Executive Ofce fr Imigation Review
Decision of the Board oflrigation Appeals
Falls Church, Virginia 22041
File: A094 931 009 - Miami, FL
In re: ADA Y GONZALEZ RIOL
IN RMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Annabella Trjillo, Esquire
ON BEHALF OF OHS: Kimberly Hillery
Assistant Chief Counsel
APPLICATION: Motion to reopen
AlR I8lJIJ
The respondent, a native and citizen of Cuba and a lawfl peranent resident of the United
States, appeals the decision of the Immigation Judge, dated January 24, 2012, denying a motion
to reopen proceedings afer an in absentia order of removal. The appeal will be sustained and the
record will be remanded.
This Board reviews fndings of fct fr clear eror. 8 C.F.R. 1003.l(d)(3)(i). This Board
reviews questions oflaw, discretion, and judgment de novo. 8 C.F.R. 1003.l(d)(3)(ii).
The respondent challenges on appeal the Immigration Judge's deterination that the only
excuse he presented fr not being present on the date of his hearing was "confsion as to time,
date, location," and that the excuse given did not justif reopening.
Upon review, we note that the respondent described his attempts at attending the merits
hearing on te moring it was scheduled. He states that he lost the hearing notice ad he
incorectly guessed that he would be able to get directions fom ofcials at a customs ofce in
Miami. According to the respondent, the offcials there declined at frst to answer his question as
to where immigration court was, which added to his delay. Eventually, afer the delays caused
by this circumstance and other details, the respondent did arrive at the immigation court, but
afer the merits hearing concluded. Under the totality of the circumstances, upon de novo review,
we conclude that the respondent made a good fith effrt to arrive at his hearing and that an
un freseen combination of circumstances precluded him fom arriving in a timely maner. We
note that the respondent had no motive to avoid the hearing, since missing the hearing could lead,
at best, to having to repeat a 2-hour trip to Miai fom his home in Naples, Florida, and that he
attempted as soon as possible to rectif his mistakes. Thus, in the exercise of discretion, we
conclude that proceedings should be reopened. See 8 C.F.R. 1003.l(d)(l)(i-ii) (setting frth
the Board's scope of authority in appellate review). The fllowing orders will be entered.
ORDER: The respondent's appeal is sustained.
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Cite as: Adayn Gonzalez Riol, A094 931 009 (BIA Apr. 18, 2013)
A094 931 009
FURTHER ORER: The Immigration Judge's order of removal is vacated and the record is
remaded fr fher proceedings and the entry of a new decision.
2
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Cite as: Adayn Gonzalez Riol, A094 931 009 (BIA Apr. 18, 2013)

.~
.
Ul'D STATES DEPATMB OR JSTICE
EECUIV OFFICE FOR IMIGATION BZB
IMIGRTION
.
COUT
SO MIJ AV., STE.700
.MII,
|N OFFICE$ OF TUJILLO ASSOCXATBS, P.A.
TUJILLO, AN:X:, ESQ.
6800 SW 40 STEET- SUIT 1
M, V 2
` **M " " ^
?te: Apr 4M, 2Q
File A094-93l-009
.
.
-
.n the Mattertf:
GJEZ RIOL,AAY
--
Attached is & copy of the witten deciOion of the Immi@rtioD Judge.
-
Ts decisioO is finl uless apeal is te to the Boardof
Immigration Apeals. The enclosed coies of FR EOIR 26,
Notiee of Appeal, ad FR EOIR 27, Notice of Entr as Attorey or
Representative, properly exected,, must be filed with the Board of
Immigration Apea1s on or bef qre
The appeal MBT be accompanied b poof ot paid fee ($110.00).
Enclosed is a copy of the oral decision.
-
Enclosed is a transcript of the testimony of record. '
You are granted util to sumit B lrie
.
f
co this office in support of jur appeal.
Oposing cousel is granted until to sumit &
brief in opposition to the appeal. .
""
m~ * .* . = . .: * ^. *^'^ * ^*^ ~ " ... .. . . . -

Encosed iB
*
0 copy of the order/decision of the Immigraion Jdge.
All papers filed with the

court shall be accompanied y proof
of serice upon
.
opposing counsel.
Sincerely,
. - Immigra Court Clerk
CC1 MJL BITZ, ASSISTA CIEF COUSEL
SOUH MII AV#6562
MIAI, 331300000
. ..
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In 0he Matter of:
GONZAZ KU,AAY
VW
-.
mP
*
M.M. UVWTM E
BN 1Lb IMIGRTION VBVZBN
ZMNZGRTZN C
` H NJZ V. .
Ml1l, ' 33130
Docket: MIAI, FLRIOA
M kEMOVAL VbJNU8
ORDER THS JMJUH1ZN b
uon consideration of VN1
&
to Reconsider an Immigration Judge's decision
to Reopen proceedings
. . .
filed in the above entitled matter, it is hereby ordered that the motion
) Be.d
Denied for reasons indicated in Che attached decision
.r
: .
D. O
:.x['.__ --
J
}
CERTIlCATE iivrcp
-
.. , ;
b DOCUE WA bbVU BY: MI VHL K l1)

TO: c ] J ( J AIE c/o Csol Officer [ ) Alien's ATT/REP , DHS

DATE: \-C'- \ BY: COUT S'F
Attachments: t 1 EOia-JJ C l 1Vb C 1 U0@B& Serices List , ) Other
Form EOlR -
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