i;1] 001/004

703 605 0607 p, 01

-,73 2.- 5,- R-.
N- WfftlLL&y
FAX NO, ce
08/15/2008 10:18 FAX 8018814138 HELT LAW 8ROUP, LLC.
JuN-15-2009 MON 10:32 AM BIA clerks of
U.S. Qf
Executive Office for Immigration Review
Boatd ofImmigratiOn Appeals
Office affhe Clerk
J(JOQ
Foil; 2J04J
Hslt, Christopher W. Esquire
1154 WalOt Lunt Avenus
Chicago, IL 60826
Offi"a of the District CQunselDHS/CHI
55 East Monroe Street. Suite 1700
Chicilgo, II. 80603
Name:
Qllte of this notice: 5129/2009
Enclosed is a copy of the Board's decisi and order in the above-reterenced clIse.

Donna Carr
Chief Clerk
Enclosure
Panel Members'
Neal. David L
AILA InfoNet Doc. No. 09061763. (Posted 06/17/09)
HELT LAW GROUP, LLC. 06/15/2008 10:18 FAX 8018814138
JUN-15-2008 MON 10:32 AM BIA clerks of ce FAX NO, 703 605 0607
141 002/004
p, 02
6325 NORTH OAKLEY, 2ND FLOOR
CHICAGO, IL 606590000
Name'
Enclosed is a copy of the Board's deci
provided to you as a courtesy, Your a
decision-pursuant to 8 C.F.R. 1292.
from the United states or affirms en I
removed, any petition for review of th
appropriate court of appeals within 30
Bndosure
Fanel Members:
Neal, David L
U.S. Department of Justice
Executive Office for Immigration Review
Board ofImmigraricm Appeals
OJ]ice ofrhe Clerk
n07 Lo:e.towg Suite 1000
p"U, (.'{IW'e}I, 11041
Office of the District Coun"el-DHS/CHI
55 Eilst Monroe Street, Suite 1700
Chicago, IL 60603
Q.ate of this notice' 5129/2009
on in lhe above-referenced case. This copy is being
mey ,jr representative has been served with this
a). If Ihe attached deCision orders that you be removed
igration JUdge's decision ordering that you be
tlach'ld decision must be filed with and received by the
ays of the date of the decision,

Dopna Carr
Chief Clerk
" c,;" -
I ....;,. U"t:II" i.
AILA InfoNet Doc. No. 09061763. (Posted 06/17/09)
HELT LAW 8ROUP, LLC.
08/15/2008 10:18 FAX 8018814138
JUN-15-2009 MON 10:32 AM BIA clerks off ce
FAX NO, 703 605 0607
i;ID 003/004
P. 03
U.S. Department of Justice
Bxecudve Offic. fOr Immigration ReYiew
Oe:ciSl0n of the Board oflmmlgtatiQn Appeals
Fall, Church V;,- ini.22041
File: - Chicago, IL Date:
MAY 29 Z009
In re;
IN RBMoVAt. PROCEEDrNGS
APPEAL AND MOTION
. Padi,h
hief Counsel
ON BEHA1.F OF DHS'
ON BEHALF OF RESPONDENT: C topher W. Helt, Esquire
APPLICATION: Asylum; withholdin fremoval; Convention Against Torture
The respondent has appealed a Febru
her asylum application tobetime-barred
finding that ber claim for relief as a vj c
reqUirements. also disputes the
Convention Against Tol'ture and for vol
remand the record fur further factual dev
629 (A.G. 2008). The record will be re
1n Matter of R-A-, 22 I&N Dec. 906
who had been the victim of domestic vio
the respondont's failure to establish mat
meaning of the Immigration lind Natio
to establish that her persecutor was moti
in l' particular social group or another e
Gelleral vacated our decision due to a
aspects ofthe asylum law. See 221&N D
to stay reconsideration ofMauer aiR-A">
accordingly s,ayed adjUdication of R-A-
final promulgation of the proposed rule
pursuant to this directive.
19,2003, decisiOll ofan lmmigratien Ju(!ge finding
denying her request for withholding ofremovaillftet
of dl)mestic vio]enoe did not satisfy the eligibilll')'
ial d her applications for protection under the
ary departure. The respondent additionally moves to
opment in light of Marrer 0/ R-A, 24 I&N Decision
ded for further proceedings_
IA I!199), the BOl'rd denied asylum to a respondem
nee iTI We based our decision in part 011
e belilnged to a "particular social group" within the
ty Act. We also found !hat the respondent had failed
led to harm at least in pan due TO her membership
meratld ground. On January 19, 200 I, the Attorney
rule issued in 2000, which revised relevant
.906 (A.G. 2001). She directed the Board on remand
til final version ofthe rule Wa:l issued. The Board
d pl"ced cases with similar isslles on hold pending
The .idjudication of the respondent's case was held
In 2003, the Attorney General cerli
remanded the record on January 19, 20
pUblication of me proposed rule. S.."
the Attorney General directed that the ca
the Stay in RA, and remanded Ihe recer
ed (fu, BOlll'd'g decision in R-A- for review, and he
, for the Board to reCOnsider its decision following
rer ofR-A-, 23 I&N Dec. 694 (A.G. 2005). In 2008,
be referred to him for review. He SUbsequently lifted
or furlher proceedings in accordance with his decision.
AILA InfoNet Doc. No. 09061763. (Posted 06/17/09)
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FAX NO, 703 605 0607 e
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JUN-15-2008 MON 10:33 AM BIA clerks off
See Matter of R-A, 24 I&N Dec. 629, !i
consideratiOnofR-k was warranted due to
although they may not directly resolve I
involving domestic violence, The Attorn
proposed 1'Ule h<\s never become The
to additional briefing in tlle pendln
further development." 24 I&N De
ra, I The Attorney General lhat fUrthor
ing Board and federal OOUTl decisions, which,
ues at hand, could have an impact on asylum gases
General also considered thaI the aforementlOfled
ttorn':y General stated that "the Board may choose
cases ,)r to remand cases to ImmigTation Judges for
at 63],
In light ofthe Attorney General's decls
ins1allt for further faot\lal developme
parties to present arguments regarding
of a new deeiBion by the Immigration
arguments related to other form.
for adjudication by Ih
Accordingly. the following order will
n, we find It appropriate to remllTld the record in
lnclu jing the of neW evidence, and for
plicahle asylum Jawto those facts, and for the entry
dge, The parties may and
ioh may be available 10 the r".pondent, or any other
mmi!1ation Judge.

ORDER: The is remanded f; further proceedings consistent with the foregoing
decI.ion and for the entry of a new dccbi by the Immigration Judge.
I We note that on December 4, 2008, the
for further proceedings. This was done p
that the evidentiary record \;Quid be updat
ard rfmanded Marler OfR-A- to the Immigration COlin
=t to the parties' Joint motion to remand the case so
"
"
AILA InfoNet Doc. No. 09061763. (Posted 06/17/09)