IBRAHIM, ISMAEL DAGGY A205-009-375 175 PIKE COUNTY BLVD LORDS VALLEY, PA 18428
OHS/ICE Office of Chief Counsel 900 Market Street, Suite 346 Philadelphia, PA 19107
PHI
A 205-009-375
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DOWtL ct1/v'L)
Donna Carr Chief Clerk
Cite as: Ismael Daggy Ibrhaim, A205 009 375 (BIA Dec. 26, 2013)
Philadelphia, PA
Date:
IBRAHIM:
DEC 2 6 2013
APPLICATION:
Reopening
The respondent has appealed the Immigration Judge's September absentia. The record will be remanded.
16, 2013,
decision that
denied the respondent's motion to reopen proceedings in which he was ordered removed in
The Immigration Judge's form order contains a hand-written notation indicating that "[t]his court concurs with the position of DHS ... ". We find that the Immigration Judge's decision is insufficient for our review
as
it does not adequately address the relevant facts and clearly set
forth the Immigration Judge's legal conclusions. See Matter of A-P-, 22 I&N Dec. 468, 477 (BIA 1999) (stating that the Immigration Judge is "responsible for the substantive completeness of the decision"). In particular, the Immigration Judge made insufficient findings of fact and analysis regarding whether the statutory notice requirements were met under our decision in Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001). Moreover, the respondent submitted documentation in support of his motion which the Immigration Judge did not mention in his decision. See Matter of S-H-, 23 I&N Dec. 462 (BIA 2002) (finding that because the Board's fact finding ability on appeal is limited, it is important for Immigration Judges to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law). insufficient for our review. We therefore find that the Immigration Judge's decision is
We note that the respondent submitted documentation on appeal. consider evidence proffered on appeal.
as
I&N Dec.
57 (BIA 1984).
As this matter is being remanded, we leave to the Immigration Judge to consider this evidence,
appropriate. Accordingly, the following order shall be entered: ORDER: The record is remanded to the Immigration Judge for further action or proceedings consistent with the foregoing opinion, and for the entry of a new decision.
Cite as: Ismael Daggy Ibrhaim, A205 009 375 (BIA Dec. 26, 2013)
JUSTICE REVIEW
900
SUITE PA
504 19107
HOGAN HOGAN,
LLC
EAST
SUITE
WILMINGTON,
19801
302
FILE A
205-009-375
DATE:
Sep
17, 2013
ABLE TO FORWARD
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. IS FINAL UNLESS AN APPEAL IS FILED WITH THE WITHIN
30
CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION. ATTACHED DOCUMENTS, OFFICE OF THE CLERK P.O. BOX AND FEE OR FEE WAIVER REQUEST
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR YOUR NOTICE OF APPEAL, MUST BE MAILED TO:
8530
VA
FALLS CHURCH,
22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING. THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE WITH SECTION SECTION 8
242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C. 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c} (6 ) IF YOU FILE A MOTION u.s.c. SECTION 1229a(c) (6 ) IN REMOVAL PROCEEDINGS.
I
TO REOPEN,
900
MARKET STREET, PA
SUITE
504
PHILADELPHIA, OTHER:
19107
COURT CC: DHS OFFICE OF THE CHIEF COUNSEL MARKET STREET, PA, PHILADELPHIA,
CLERK FF
IMMIGRATION COURT
900
19107
SUITE
346
UNITED STATES DEPARTMENT JUSTICE EXECUTIV E OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE PHIL ADELPHIA, P ENNSYLVA NIA
Respondent
) ) ) ) ) ) )
REMOVAL PROCEEDINGS
DETAINED - PIKE
It is hereby ORDERED:
I) Respondent's Motion
;!IA_
l