U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virginia 2204/

OHS/ICE Office of Chief Counsel - HLG

1717 Zoy Street
Harlingen, TX 78552

Name: MOLINAS-PENA, MIRNA

A 097-318-251

Date of this notice: 11/10/2015

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

Dowu_ ca.AA)
Sincerely,

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Grant, Edward R.
O'Leary, Brian M.

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Mirna Molinas-Pena, A097 318 251 (BIA Nov. 10, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Blackford, Brian Joseph

Peck Law Firm, LLC
212 S. 74th Street, Suite 100
Omaha, NE 68114

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A097 318 251 - Harlingen, TX

Date:

NOV 1 0 2015

IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Brian J. Blackford, Esquire

APPLICATION: Reopening
The respondent appeals from an Immigration Judge's decision dated August 8, 2014,
denying the respondent's motion to reopen her removal proceedings, entered in absentia. The
Department of Homeland Security (DHS) has not filed an 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. See 8 C.F.R. 1003.23(b)(l); Matter
ofJ-J-, 21 l&N Dec. 976 (BIA 1997). Accordingly, the appeal will be sustained, the
proceedings will be reopened, and the record will be remanded.

ORDER: The appeal is sustained, the proceedings are reopened, and the record is
remanded to the Immigration Court for further proceedings.

Cite as: Mirna Molinas-Pena, A097 318 251 (BIA Nov. 10, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

In re: MIRNA MOLINAS-PENA a.k.a. Maria Aguinada Rivera

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Peck Law Firm, LLC

Blackford, Brian Joseph

212 S. 74th Street Suite 100"',,,.

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. )lj:'N THE MATTER OF

MOuNl:\.S-PENA, MIRNA

FILE A 097-318-251

DATE: Aug 08, 2014

__ E 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 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 :LERK
,'
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 20530
,;

ATTACHED IS A COPY OF THE DECISION dF THE IMMIGRATION JUDGE AS THE RESULT

OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING..
THIS DECISION IS FINAL UNLE.S'.S A MOTION TO REOPEN IS FILED IN ACCORDANCE
WITH SECTION 2 4 28 ( c) ( 3) OF ,THE IMMIGRATION AND NATIONALITY ACT, t,...: S. C.
SECTION 1252B(c) (3} IN DEPORTATION PROCEEDINGS OR SECTION 240{c) {6},
8 U.S.C. SECTION 1229a(c} (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
2009 W. JEFFERSON AVE, STE 300
HARLINGEN, TX 78550
OTHER:

CC: ASSISTANT CHIEF COUNSEL

1717 ZOY ST.
HARLINGEN, TX, 785520000

IMMIGRATION COURT

FF
-

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UNITED STMES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
2009 W. JEFFERSON AVE, STE 300
HARLINGEN, TX 78550

...:,'

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
HARLINGEN IMMIGRATION COURT
HARLINGEN, TEXAS

MIRNA MOLINAS-PENA
RESPONDENT
APPLICATIONS:

)
)
)
)
)
)

August , 2014
Case Number: A 097 318 251
In Removal Proceedings

Motion to Reopen

ON BEHALF OFTHE RESPONDENT

Brian J. Blackford, Esq.
Peck Law Firm, LLC
212 S. 74th Street, Suite 100
Omaha, NE 68114

ONBEHALF OFTHE GOVERNMENT

Assistant Chief Counsel
U.S. Department of Homeland Security
171 7 Zoy Street
Harlingen, TX 78552

ORDER OF THE IMMIGRATION JUDGE

On April 5, 2004, the Court ordered the respondent removed to El Salvador in absentia
pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act (INA or Act). The
respondent, through counsel, filed a motion to reopen on June 30, 2014, requesting that the Court
reopen her removal proceedings sua sponte. The respondent's motion to reopen will be denied.
It is well-established that an alien seeking reopening bears a heavy burden. INS v. Abudu,
485 U.S. 94, 110 (1988). In this regard, the United States Supreme Court has stated: "Motions for
reopening of immigration proceedings are disfavored for the same reasons as are petitions for
rehearing, and motions for a new trial on the basis of newly discovered evidence. This is especially
true in a deportation proceeding where, as a general matter, every delay works to the advantage ofthe
deportable alien who wishes merely to remain in the United States." INSv. Doherty, 502 U.S. 314,
323 (1992) (citations omitted). The Court's sua sponte authority to reopen is not intended as a
method by which aliens can circumvent the regulations.
The respondent asserts that she was unable to attend her hearing in 2004 because she was
sixteen years old when she entered the United States, and because her uncle could not secure
transportation for her to the hearing. She also states that she has since married a United States
citizen and has one United States citizen child. If these proceedings are reopened, the respondent
intends to apply for adjustment of status and the stateside unlawful presence waiver.

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN THE MATIER OF

The Court declines to exercise its sua sponte authority to reopen the respondent's removal
proceedings. See Matter ofJ-J, 21 I&N Dec. 976 (BIA 1997 ). The respondent has not demonstrated
any extraordinary circumstances warranting reopening sua sponte.

ORDER: The respondent's motion to reopen is DENIED.

A:filU
United States Immigration Judge

CERTIFICATE OF SERVICE
THIS DOCUMENT WAS SERVED BY: MAIL_(fvfi)ERSONAL SERVI
(
S
TO: ( )
EN ( )ALIEN C/0 CUSTODIAN IEN'S /REP

BY: COURT STAFF __-=-==

DATE: J:J._-8-/'1
r\---=--- --- -il!!ll,L.
ATTACHMENTS: ( ) EOIR-33 ( ) EOIR-28 ( ) LEGAL SERVICES LISTf(OTHER

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Accordingly, the following orders shall be entered: