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Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DonrtL C
t1/V'L)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly
Liebowitz, Ellen C
Guendelsberger, John
Userteam: Docket
Date:
JUL 2 5 2016
In re: M-S-R
INTERLOCUTORY APPEAL
ON BEHALF OF RESPONDENT:
The respondent, who is 6 years old, has filed an interlocutory appeal from the Immigration
Judge's June 27, 2016, decision denying her motion for a change of venue. We find it
appropriate to exercise our jurisdiction over this case and address the merits of this appeal.
In the respondent's motion to change venue, she admits the factual allegations in the Notice
to Appear (Form 1-862) and concedes removability. The respondent requests that venue be
transferred from the Immigration Court in Orlando, Florida, to the Immigration Court in New
Orleans, Louisiana, given that her residence in Destin, Florida, is in closer proximity to New
Orleans and that her attorney is located in New Orleans. The respondent also states on the Notice
of Appeal (Form EOIR-26) that the removal proceedings of her mother and sister are docketed
before the Immigration Court in New Orleans. Under these circumstances, we find that good
cause has been shown, and will grant the motion to change venue. See Matter of Rahman, 20
l&N Dec. 480 (BIA 1992) (providing that an Immigration Judge's discretion to change venue in
proceedings is subject to the existence of good cause for such a change).
Accordingly, the interlocutory appeal will be sustained and venue transferred to the New
Orleans Immigration Court.
ORDER: The interlocutory appeal is sustained, and the motion to change venue to New
Orleans is granted.
FURTHER ORDER: The record is remanded to the Immigration Court in New Orleans for
further proceedings.
Cite as: M-S-L-R-, AXXX XXX 188 (BIA July 25, 2016)
IN REMOVAL PROCEEDINGS