In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at which the respondent was removed in absentia over the opposition of the Department of Homeland Security. The respondent asserted that she missed her removal hearing in 2007 because a paralegal filed a change of address form without her consent. The decision was written by Member Elise Manuel and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at which the respondent was removed in absentia over the opposition of the Department of Homeland Security. The respondent asserted that she missed her removal hearing in 2007 because a paralegal filed a change of address form without her consent. The decision was written by Member Elise Manuel and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at which the respondent was removed in absentia over the opposition of the Department of Homeland Security. The respondent asserted that she missed her removal hearing in 2007 because a paralegal filed a change of address form without her consent. The decision was written by Member Elise Manuel and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
2050 Coral Way, Suite 404 Miami, FL 33145 U.S. Department of Justice Executive Ofce fr Imigration Review Board of Immigration Appeals Ofce of the Clerk 5 I 07 Leebur Pike. Suite 2000 Fals Church, Vrginia 20530 OHS/ICE Ofice of Chief Counsel - MIA 333 South Miami Ave., Suite 200 Miami, FL 33130 Name: FIGUEROA BRICENO, KARLA A 095-084-539 Date of this notice: 5/30/2014 Enclosed is a copy of the Boad's decision ad order in the above-refrenced case. Enclosure Panel Members: Manuel, Elise Adkins-Blanch, Charles K. Hofman, Sharon Sincerely, DO Ca Donna Car Chief Clerk Trane Usertea m: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t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: Karla Figueroa Briceno, A095 084 539 (BIA May 30, 2014) U.S. dparent of Justce Decision of the Boad of Imgtion Appeals Eecutve Ofce fr Imigaton Review Falls Church, Virgina 20530 File: A095 084 539 - Miami, FL Date: I re: KALA FIGUEROA BRICENO a.k.a Kala Figueroa I REMOVAL PROCEEDIGS APPEAL ON BEHALF OF RESPONDENT: Jua M. Saboro, Esquire ON BEHALF OF DHS: APPLICATION: Reopening Michelle M. Odio Assistat Chief Counsel MAY 3 0 2014 Te respondent, a native and citize of Honduas, appeals te decision of te I igaton Judge, date November 19, 2012, denying her motion to reopen. Te Depaent of Homelad Secuty is oppose to te repondent's appea. Consideing te totalit of te circumstances presented in tis case, we conclude tat repene removal proceedings ae warated to provide the respondent wit a aditiona oppornity to appea befre an Imigation Judge to show why she shoud not be removed fom te United States. Accordingy, we will sustan te respondent's appeal. Wile we conclude that reopeing is warated, we express no opinion regading the ultimate outcome of tese proceeigs at the present time. See Mater of L-0-G-, 21 l&N Dec. 413 {IA 1996). Accordingly, te fllowing orde is enteed. ORDER: The respondent's appea is sustned, te in absenta order of removal is rescinded, these reova proceedings ae reopeed, ad te record is readed to te Immigation Cou fr fer proceedings consistent with te fregoing opinion ad fr te enty of a new decision. FOR THE BOAR 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: Karla Figueroa Briceno, A095 084 539 (BIA May 30, 2014) f
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRTION COURT I THE MATTER OF: FIGUEROA, BRCENO, KRLA Respondent, I REMOVAL PROCEEDINGS APPLICATION: Reopening ON BEHALF OF RSPONDENT: Juan Saborio, Esqure MIAMI, FLORIDA FILE NO.: A095 084 539 ON BEHALF OF DHS: Michelle Odio, Assistant rhief ronnsel The respondent has fled a motion to reopen her remova proceedings. The Depament of Homeland Security (DHS) has fled its opposition. The respondent asserts that she retaned the services of a paralegal who submitted a chage of address witout her consent which resulted in her missing her hearing. The DHS contends that the respondent has not exercised due diligence in seeking to redress the issue regading her removal order. Statement of the Law Section 240(b)(5)(c) of the Immigration ad Nationalit Act (the Act) provides fr the rescission of a in absentia removal order only-- (i) upon a motion to reopen fled within 180 days afer the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defned in subsection (e)(l)), or (ii) upon a motion to reopen fled at any time if the alien demonstates that the Page 1 of 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: Karla Figueroa Briceno, A095 084 539 (BIA May 30, 2014) .. alien did not receive notice in accordance with subsection ( 1) or (2) of section 239(a) or the alien demonstrates that te alien was in Federal or State custody and did not appear trough no fult of the alien. Analysis The respondent applied fr temporar protected status with USCIS. Afer denying her application, USCIS issued the respondent a notice to appear. Thereafer, the immigration court mailed a notice of hearing to te respondent fr Januar 16, 2007, at 8:30 A.M. On Jaua 16, 2007, the respondent was ordered removed to Honduras in absentia. The respondent concedes that she received the notice to appear. The notice of heaing was mailed to the address provided by the respondent. The respondent's claim of lack of notice is, terefre, without merit. Moreover, by waiting over fve years to fle tis motion to reopen, the respondent has faled to act with due diligence. See Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008). Accordingly, the motion to reopen is DENIED. DONE and ORDERD this 19 th day of November, 2012. ,.. SCOTT G. ALEXDER Immigration Judge Page 2 of 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: Karla Figueroa Briceno, A095 084 539 (BIA May 30, 2014)
Recorded Case No. 49-mc-2016 Declaration Re Lancaster County Court Case No. 08-CI-13373 Re Praecipe To Add Defendants Taproom Marriott, November 23, 2016