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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen where the Immigration Judge issued a form order stating, “The Court adopts the DHS opposition as its own findings of fact and conclusions of law.” The decision was written by Member Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen where the Immigration Judge issued a form order stating, “The Court adopts the DHS opposition as its own findings of fact and conclusions of law.” The decision was written by Member Elise Manuel.
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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen where the Immigration Judge issued a form order stating, “The Court adopts the DHS opposition as its own findings of fact and conclusions of law.” The decision was written by Member Elise Manuel.
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Attribution Non-Commercial (BY-NC)
Format Tersedia
Unduh sebagai PDF, TXT atau baca online dari Scribd
U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5/07 Leesb11rg Pike, Suite 2000 Falls Cl111rcl1, Virginia 22041 4801 E. INDEPENDENCE BLVD, STE. 700 CHARLOTTE, NC 28212 OHS/ICE Ofice of Chief Counsel - CHL 5701 Executive Ctr Dr., Ste 300 Charlotte, NC 28212 Name: MARTINEZ, JOSE GABRIEL A 094-190-065 Date of this notice: 9/5/2013 Enclosed is a copy of the Board's decision and order in the above-referenced case. Enclosure Panel Members: Manuel, Elise Sincerely, DO CaA Donna Carr Chief Clerk Lulseges Userteam: Docket I m m i g r a n t
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w w w . i r a c . n e t Cite as: Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013) For more unpublished BIA decisions, visit www.irac.net/unpublished
MARTINEZ, JOSE GABRIEL
POBOX248 LUMPKIN, GA 31815-0000 Name: MARTINEZ, JOSE GABRIEL U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5107 leesburg Pike. Suite 2000 Falls Church. Virginia 22041 OHS/ICE Ofice of Chief Counsel - CHL 5701 Executive Ctr Dr., Ste 300 Charlotte, NC 28212 A 094-190-065 Date of this notice: 9/5/2013 Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being provided to you as a courtesy. Your attorney or representative has been served with this decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be removed fom the United States or afrms an Immigration Judge's decision ordering that you be removed, any petition fr review of the attached decision must be fled with and received by the appropriate court of appeals within 30 days of the date of the decision. Enclosure Panel Members: Manuel, Elise Sincerely, Don CQ Donna Carr Chief Clerk Lulseges Useream: Docket I m m i g r a n t
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w w w . i r a c . n e t Cite as: Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013) U.S. Department of Justice Decision of the Board of Immigation Appeals . Executive Ofce fr Immigation Review Falls Church, Virginia 22041 File: A094 190 065 - Chalotte, NC Date: SEP - 5 2013 In re: JOSE GABRL MARTINEZ a.k.a. Jose Gabriel Melendez-Martinez IN RMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: Mathew S. Quinn, Esquire ON BEHALF OF DHS: Scott D. Criss Assistant Chief Counsel The respondent, a native and citizen of El Salvador, was ordered removed in absentia on April 9, 2012. On June 29, 2012, the respondent fled a timely motion to reopen proceedings, which the Immigration Judge denied on July 6, 2012. The respondent fled a timely appeal of that decision. The record will be remanded. Upon review we will remad this case to the Immigation Judge fr a new decision. It is inappropriate to adopt the Depaent of Homeland Securtis opposition ad we need a fll analysis and consideration of the totality of the circumstances regarding whether the respondent has shown exceptional circumstances fr his failure to appea at the April 9, 2012, hearing. See Matter of M-P-, 20 I&N Dec. 786 (BIA 1994); section 240(e)(l) of the Immigation ad Nationality Act; 8 U.S.C. 1229a(e)(l) (defning exceptional circumstances); Matter of W-F-, 21 I&N Dec. 503, 509 (BIA 1996); see also, e.g. Kaweesa v. Gonales, (15 Cir. 2006) Accordingly, we will retu the record to the Immigration Judge fr fher consideration of the respondent's motion and the entry of a new decision. ORDER: The record is reted to the Immigration Judge fr frther proceedings consistent with the above opinion. FOR THE BOAR I m m i g r a n t
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w w w . i r a c . n e t Cite as: Jose Gabriel Martinez, A094 190 065 (BIA Sept. 5, 2013) ( ( MATINEZ, JOSE GARIEL 4316 LINEBERRY DR EAST BEND, NC 27018 UITED STATES DEPATMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRTION REVIEW IMIGRTION COURT 5701 EXECUTIV CENTER DR. #400 CHLOTTE, NC 28212 Date: Jul 12, 2012 File A094-l90-065 In the Matter of: MTINEZ, JOSE GARIEL Attached is a copy of the written decision of the Immigration Judge. This decision is final unless an appeal is taken to the Board of Immigration Appeals. The enclosed copies of FORM EOIR 26, Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or Representative, properly executed, must be filed with the Board of Immigration Appeals on or before The appeal must be accompanied by proof of paid fee ($110.00). Enclosed is a copy of the oral decision. Enclosed is a transcript of the testimony of record. You are granted until to submit a brief to this office in support of your appeal. posing counsel is granted until brief in opposition to the appeal. to submit a nclosed is a copy of the order/decision of the Immigration Judge. All papers filed with the Court shall be accompanied by proof of service upon opposing counsel. cc: METZ, MELISSA 5701 EXECUTIVE CENTER DR #300 CHLOTTE, NC 28212 U I m m i g r a n t
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w w w . i r a c . n e t [1. : UNITED STATES pEPARTMENT OF JSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW U.S. D IGRATION COURT
5701 Executive Center Drive, Suite 400 Charlotte, North Carolina 28212 ... IN THE MATTER OF: GABRIEL MARTIEZ, JOSE ALIEN ATTORNEY: ROBERT ZUIGA, ESQ CASE NO. A- 094-190-065 f \ . . DECISION ON A MOTION. IN [ DEPORTATION [ EXCLUSION [X] REMOVAL PROCEEDINGS [ AOC ASYLUM ONLY A MOTION TO REOPEN, TO STAY AND TO WAIVE FILING FEE has been fled i the above captioned case. Te Motion has been duly considered and it appears to the Court that: [ ] The request is timely and reasonable. Therefre, IT IS HEREBY ORDERED that.the Motion be GRNTED. [ X ] The Motion has been duly considered and it appears to the Court that no substantial grounds lave been advanced to warrant it grant. Therefre, IT IS HEREBY ORDERED that the Motion be and the same is hereby DENIED. [ X i q _ Ad01 f V- tl O i la .d C i h.. .:.. Dated this { day of M , 2012 ; . Tiocument was sered to: aCounsel [ / Counsel fr Respondent I Applicant [ ] Respondent I pplic t ;. . v Hn. V. STUART COUCH U.S. Immigration Judge . .. I I m m i g r a n t