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Department of Justice
Executive Office for Immigration Review
A 099-202-663
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DCWtL
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Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
Userteam: Docket
Date:
SEP - 2 2015
APPEAL
ON BEHALF OF RESPONDENT: Micol Mion Gordon, Esquire
APPLICATION: Reopening
The respondent has appealed the Immigration Judge's order, dated July 31, 2014, which
denied the motion to reopen her in absentia removal proceedings from a hearing held on
January 5, 2010. The record will be remanded to the Immigration Judge for the preparation of a
new decision.
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. 8 C.F.R.
1003.1(d)(3)(i), (ii).
After our review of the record, we find it necessary to remand the record for the preparation
of a new decision as we conclude the Immigration Judge's decision is inadequate for review.
The Immigration Judge denied the respondent's motion to reopen in a form order that is
incomplete, and by use of a stamp with a brief handwritten note on a copy of the respondent's
motion. Under these circumstances, we find it appropriate to remand the record to the
Immigration Judge for preparation of a decision that includes sufficient findings of fact and
conclusions of law for us to review. See, e.g., Matter of A-P-, 22 l&N Dec. 468 (BIA 1999).
Accordingly, the following order will be entered.
ORDER: The record is remanded to the Immigration Judge for the entry of a new decision.
Cite as: Raquel Luzia Ferreira Pereira, A099 202 663 (BIA Sept. 2, 2015)
IN REMOVAL PROCEEDINGS
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UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
BOSTON,MA
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