U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - SNA

8940 Fourwinds Drive, 5th Floor

San Antonio, TX 78239

Name: URBINA-PADILLA, LEDVIN ISAB...

A 099-481-442

Date of this notice: 10/30/2014

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

DOYUtL ca.AA)
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Hoffman, Sharon

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Ledvin Isabel Urbina-Padilla, A099 481 442 (BIA Oct. 30, 2014)

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Muro, Roxana V., Esq

Law Offices of Roxana V. Muro
3530 Wilshire Blvd., Suite 1600
Los Angeles, CA 9001 O

U.S. DeP.artment of Justice

Decision of the Board of Immigration Appeals

Exec,utive Office for Immigration Review

Fl!lls Church, Virginia 20530

File:

A099 481 442 - San Antonio, TX

Date:

OCT 30 2014

In re: LEDVIN ISABEL URBINA-PADILLA

APPEAL
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:

Roxana V. Muro, Esquire

Jane H. Thomson
Assistant Chief Counsel

APPLICATION:

Reopening

The respondent, a native and citizen of Honduras, has appealed the Immigration Judge's
June 17, 2013, decision denying the respondent's May 1, 2013, motion to reopen proceedings in
which she was ordered removed in absentia on March 22, 2006. The Department of Homeland
Security (DHS) has filed a brief in opposition to the appeal. The appeal will be sustained.
We have considered the totality of the circumstances presented in this case, and find that an
exceptional situation has been demonstrated warranting reopening to allow the respondent
another opportunity to apply for relief from removal.

ofJ-J-,

2 1 I&N Dec. 976 (BIA 1997).

See 8 C.F.R. 1003.23(b)(l); Matter

Accordingly, the appeal will be sustained and the

proceedings will be reopened.

The respondent has been granted deferred action

as

a childhood arrival ("DACA"). We find

that administrative closure is warranted in light of the respondent's grant of DACA. If either
party to this case wishes to reinstate the proceedings, a written request to reinstate the
proceedings may be made to the Board. The Board will take no further action in this case unless
a request is received from one of the parties.

The request must be submitted directly to the

Clerk's Office, without fee, but with certification of service on the opposing party.
Accordingly, the following orders will be entered.
ORDER: The appeal is sustained, the Immigration Judge's decision dated June 17, 2013 , is
vacated and proceedings are reopened.

.--

FURTHER ORDER: The proceedings before the Board of Immigration Appeals in this case
are

administratively close

FOR THE

Cite as: Ledvin Isabel Urbina-Padilla, A099 481 442 (BIA Oct. 30, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

..,;.

\..._...,.- '.

\.._/

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
800 DOLOROSA STREET-SUITE 300
SAN ANTONIO, TX
78207

IN THE MATTER OF
URBINA-PADILLA, LEDVIN ISABEL

FILE A 099-481-442

DATE:

Jun 19,

2013

LE TO FORWARD - NO ADDRESS PROVIDED

ACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION
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 AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS; AND FEE OR FEE WAIVER REQUEST
BOARD OF IMMIGRATION APPEALS
MUST BE MAILED TO:
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 APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN ISFILED IN.ACCORDANCE
WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.
SEC TION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
IF YOU FILE A MOTION
8U.S.C. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS.
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
800 DOLOROSA STREET-SUITE 300

SAN ANTONIO, TX

78207

0'.l'HER:

FF
CC: DISTRICT COUNSEL
8940

FOURWINDS

SAN ANTONIO,

DR.,

TX,

STH

FLOOR

782971939

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LAW OFFICES OF ROXANA V. MURO

MURO, ROXANA V. ESQ
510 W. 6TH ST., STE 420
LOS ANGELES, CA 90014

UNITED STATES DE PARTMENT OF JUST I CE

EXE CUTIVE OFFI CE FOR IMMIGRATION REV IEW
IMMIGRATION COURT - SAN ANTON IO, TEXAS

A099-481-442

)
) RES P ON DENT IN REM OVAL
) PR O CEEDINGS

DE CIS ION OF THE IMMIGRATION JUDGE RE:

MOTION TO REO PEN
NOT I CE: OHS DID NOT ADV ISE THE COURT THAT RES PONDENT IS DETA INED
AT GOVERNMENT EX PENSE

On the 17th day of June, 2013, came to be heard Respondent's

Motion to Reopen.
Reopen.

The DHS has not responded to the Motion to

After consideration of same, I T IS HERE BY ORDERED that

said Motion to Reopen is hereby DENIED for the followin g reasons:

I.
Respondent was properly served with the Notice to Appear on
December 3, 2005, by personal service, and the documents were
made part of the record

(Exhibit #1)

II.
Respondent case was before the Court on March 22, 2006 at
9:00 a. m.

Notice was not sent to the Respondent since Respondent

failed to provide a U. S. address where notice could be send.

Therefore, Respondent's case was scheduled on the Court's "no
address" docket.

The government moved for a hearin g in

Respondent's absence.

The Court granted the government's motion.

Page 1 of 5

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IN THE MA T TER OF:

Ledvin Isabel Urbina- Padilla

Finding that the requirements of the law had been satisfied, the
Court conducted an in absentia proceeding.

The I-213, Record of

Deportable Alien, which was prepared at the time of Respondent's

evidence as Exhibit #3.

under the law.

Removability was established as required

Therefore, this Court issued an in absentia

decision which was not mailed to Respondent since the Court had
no address.
III.
Pursuant to Section 239(a) (1) (F)

of the INA, notice shall be

given in person to the alien specifying the requirement that the

alien must immediately provide the Attorney General with a
written record of an address and telephone number (if any) at
which the alien may be contacted respecting proceedings under
section 240.

If an address if not provided by the Respondent,

the Court proceed with Respondent's case.

INA Section

240 (b) (S) (B) entitled "No notice if Failure to Provide Address
Information" states that no written notice shall be required
under subparagraph (A) if the alien has failed to provide the
address required under Section 239 (a) (1) ( F).
Generally, pursuant to Section 240(b) (S) (C)

Respondent may

challenge the in absentia order within 180 days if exceptional

circumstances existed which prevented Respondent's appearance
Page 2 of 5

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apprehension by Border Patrol Officers, was admitted into

"-----.

Pursuant to Section 240 (e) (1), the

before the Immigration Court.

term "exceptional circumstances" refers to exceptional

circumstances

(such as serious illness of the alien or serious

but not including less compelling circumstances) beyond the

control of the alien.

Additionally, pursuant to Section

240 (b) (5) (C) (ii), the in absentia order may be challenged at any
time if Respondent did not receive proper notice in accordance
with paragraph

(I) or

(2) of Section 239 (a) or the alien

demonstrates that the alien was in Federal or State custody and

the failure to appear was through no fault of the alien.
IV.
Respondent asserts in her Motion to Reopen, through her
attorney, that Respondent was placed in deportation proceedings
and a Notice to Appear was issued.
filed a Freedom of Information

Counsel states that she has

( FOIA) request to determine the

circumstances behind her apprehension by immigration authorities

and subsequent issuance of the Notice to Appear.
states that, as soon as the FO IA is received,

Counsel

additional factual

and legal arguments will be presented and, that, an affidavit by

Respondent will be filed.
v.

The Respondent's Motion to Reopen was filed May 1, 2013.

Page 3 of 5

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illness or death of the spouse, child, or parent of the alien,

'

"-.-.-

Yet, Respondent's attorney has not supplemented the Motion.

The Respondent was personally served with a Notice to
Appear.

The back of the Notice to Appear states in relevant

"You must notify the Immigration Court immediately

by using Form EOIR-33 whenever you change your
address or telephone number during the course
of this proceeding.
Notices of hearing will be
If you do not submit
mailed to this address.
Form EOIR-33 and do not otherwise provide an
address at which you may be reached during
proceedings, then the government shall not be
required to provide you with written notice of
your hearing.
If you fail to attend the hearing
at the time and place on this notice, or any
date and time later directed by the Immigration
Court, a removal order may be made by the immigration
judge in your absence, and you may be arrested and
detained by the INS.
The I-213, admitted into evidence as Exhibit #2, notes that
the Respondent was 15 years old at the time of apprehension.
Respondent's date of birth is April 16,
two years of age.

1990 and she is twenty

Respondent was released on her own

recognizance to the custody of her adult mother who was

accompanying her.
The Respondent has not attached any affidavits in support of
her Motion to Reopen nor has Respondent provided any reason for
her failure to appear.
Accordingly, the following is the ORDER of the Court:

Page 4 of 5

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part:

\.__;

ORDER: Motion to Reopen is hereby DENIED.

Dated:

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Zuniga
Imm ration Judge