U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041

WILLIAM M. CAVANAUGH, ESQUIRE Wayne M. Levine, P.A. 2328 10th Avenue North, Suite 500 Lake Worth, FL 33461

OHS/ICE Office of Chief Counsel - MIA 333 South Miami Ave., Suite 200 Miami, FL 33130

Immigrant & Refugee Appellate Center | www.irac.net

Name: REID GOLDSON, SHAHILIA

A087-095-113

Date of this notice: 8/5/2011

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, Charis K. Guendelsberger, John Hoffman, Sharon

Cite as: Shahilia Reid Goldson, A087 095 113 (BIA Aug. 5, 2011)

U.S Department of Justice

..

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review Falls Church, Virginia 22041

File:

A087 095 113 - Miami, FL

Date:

AUG -5 2011

In re: SHAHILIA REID GOLDSON

IN REMOVAL PROCEEDINGS

APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: William M. Cavanaugh, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Frieda M. Goldstein Assistant Chief Counsel

CHARGE: Notice: Sec. 237(a)(l)(B), I&N Act [8 U.S.C. 1227(a)( l )(B)] In the United States in violation of law 237(a)(l)(C)(I), l&N Act [8 U.S.C. 1227(a)(l )(C)(I)] Nonimmigrant - violated conditions of status

Sec.

APPLICATION:

Reopening

The respondent has appealed the Immigration Judge's September 13, 2010, denial ofa motion to reopen proceedings in which the respondent was ordered removed in absentia, pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act, 8 U.S.C. be sustained and the record remanded for further proceedings. 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, are reviewed de novo. 1003.l(d)(3)(1), (ii). The Notice to Appear (NTA) was mailed on May 14, 2009, by regular mail to the respondent at "6035 Duval Street, Hollywood, Florida 33024." The address did not contain the respondent's apartment number, which was reflected in the Form 1-485 (Application to Register Permanent Residence or Adjust Status), filed on September 28, 2008. A removal hearing can proceed without the alien's attendance, despite that written notice was not delivered, if delivery was attempted at the last address provided by the alien under section 239(a)(l )(F), 8 U.S.C. 1229(a)( l )(F). See Matter ofG-Y-R-, 23 I&N Dec. 181, 186-87 (BIA 2001)(en bane). The Board has held that an address qualifies as a section 239(a)(l )(F) address only if the alien has been informed of his statutory address obligations and the consequences of failing 8 C.F.R.

I 229a (b)(5)(A).

The appeal will

to provide a current address. Id. at 187. The respondent on appeal denies having ever received the

Cite as: Shahilia Reid Goldson, A087 095 113 (BIA Aug. 5, 2011)

A087 095 113

NT A. Nor does the record contain any evidence which would indicate that the respondent received the NTA by other means. In view of the erroneous address used in mailing the NTA, the respondent cannot be charged with receiving the NTA, and we find reopening warranted. ORDER: The appeal is sustained. FURTHER ORDER: The proceedings are reopened, and the record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and the entry of a new decision.

Immigrant & Refugee Appellate Center | www.irac.net

00

FOR THE

Cite as: Shahilia Reid Goldson, A087 095 113 (BIA Aug. 5, 2011)

UNITED

S TATES

DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 333 SOUTH MIAMI AVE., MIAMI, FL 33130 STE.700

LAW OFFICE OF WAYNE M. LAVINE, CAVANAUGH, LAKE WORTH, WILLIAM, FL ESQ. 2328 TENTH AVENUE NORTH #500 33461

P.A.

Immigrant & Refugee Appellate Center | www.irac.net

IN THE MATTER OF REID GOLDSON, SHAHILIA

FILE A 087-095-113

DATE:

Sep 13,

2010

UNABLE TO FORWARD - NO ADDRESS PROVIDED ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION

IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION. SEE THE ENCLOSED FORMS YOUR NOTICE OF APPEAL, MUST BE MAILED TO:

AND
'

INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.

ATTACHED DOCUMENTS,
t

AND

FEE OR FEE WAIVER REQUEST

BOARD OF IMMIGRATION APPEALS OFFICE OF THE CLERK P.O. BOX 8530 VA 22041 FALLS CHURCH,

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING. THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE WITH SECTION 242B(c) (3) SECTION 1252B(c) (3) 8 u.s.c. TO REOPEN, OF THE IMMIGRATION

AND

NATIONALITY ACT,

8 U.S.C.

IN DEPORTATION PROCEEDINGS OR SECTION 240(c)

SECTION 1229a(c)

(6)

IN REMOVAL PROCEEDINGS.

(6),

IF YOU FILE A MOTION

YOUR MOTION MUST BE FILED WITH THIS COURT: IMMIGRATION COURT 333 SOUTH MIAMI AVE., "STE.700 MIAMI, FL 33130

OTHER:

COURT CLERK IMMIGRATION COURT CC: MONICA ATKINS-WHITE, .ASSISTANT CHIEF COUNSEL ' 333 SOUTH MIAMI AVENUE, SUITE 200 MIAMI, FL, 33130 FF

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT MIAMI, FLORIDA

INRE: Shahilia REID GOLDSON A 087 095 1 13 William Cavanaugh, Esquire 2328 Tenth Ave. North, Suite 500 Lake Worth, Florida 33461 Monica Atkins-White, DHS Immigration & Customs Enforcement Assistant Chief Counsel IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

ORDER ON MOTION TO REOPEN

Judge Bradley entered an in absentia order on December 3, 2009, after notice of hearing was mailed on July 23, 2009, which added the correct apartment number to respondent's address. The apartment number had been omitted from the address at the time the Notice to Appear (Form I-862) had. been served by regular mail on May 14, 2009. Respondent, through counsel, files this motion received September 9, 2010, arguing that while the July 23rd notice from the court reflected the correct address ( and does not dispute that notice was actually received by respondent) there was no Notice to Appear reserved whereby the nature of the allegations and charge were properly presented to her. The motion will be denied. The notice sent by the court on July 23rd properly notified respondent of the consequences of failing to appear for her hearing. The court distinguishes the facts in this case from those in Matter of G-Y-R-, 23 I&N Dec. 181 by respondent. In GYR, fil:!l2m, respondent did not receive the Notice to Appear which also contained the date of the notice of hearing. In this case before the court, respondent received the notice of hearing and apparently elected not to attend her hearing even though the notice warned her of the consequences of failing to appear. Accordingly, the motion to reopen is DENIED. DONE and ORDERED in chambers this Monday September 13, 2010. (BIA 200 I), where here the notice of hearing was sent to the correct address and clearly received

cc: Assistant Chief Counsel, Ms. Atkins-White Counsel for Respondent, Mr. Cavanaugh Mailed out

Oh .In 07/p.oru

By:

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