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Department of Justice
A 045-627-330
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DonrtL C
t1./lA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holiona, Hope Malia
' :. : t
Usertea m: Docket
Date:
AUG 3 0 2016
MOTION
ON BEHALF OF RESPONDENT: Haitham E. Bailout, Esquire
ON BEHALF OF DHS: Marc A. Jones
Assistant Chief Counsel
APPLICATION: Reopening
ORDER:
Notwithstanding the Department of Homeland Security's opposition, we deem it appropriate
to reopen these proceedings based on the evidence submitted in support of the respondent's
motion. See 8 C.F.R. I003.2(a). The evidence reflects that the respondent's former attorney
did not notify her of the August 18, 2010, hearing during which she was ordered removed to
Peru. Accordingly, the record will be remanded to the Immigration Judge for a new hearing.
The respondent will have the opportunity to plead to the allegations and charge contained in the
Notice to Appear (Form I-862) and to apply for any form of relief from removal for which she
may be eligible. In so remanding, we express no opinion on the ultimate outcome of these
proceedings.
FURTHER ORDER: These proceedings are reopened, the Immigration Judge's August 18,
2010, order is rescinded, and the record is remanded to the Immigration Judge for further
proceedings not inconsistent with this decision and for entry of a new decision.
Cite as: Janet Gertrudis Casillas, A045 627 330 (BIA Aug. 30, 2016)
IN REMOVAL PROCEEDINGS