Ziemba, Heather M.

Garinkel Immigration Law Firm

6230 Fairview Rd., Suite 105
Charlotte, NC 28210
Name: PRICE, GLORIA MONICA
U.5. DcparImcaI ef Justicc
Executive Ofce fr Immigation Review
8oardofImmgraton4ppeals
Oceof theClerk
5107 leesb1rg Pike. S1itc 2000
Fals Ch1rch, Vrginia 22041
OHS/ICE Ofice of Chief Counsel - CHL
5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212
A089-10-15
Date of this notice: 6/20/2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles b.
Guendelsberger, John
Kendall-Clark, Molly
Sincerely,
Donna Carr
Chief Clerk
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Gloria Monica Price, A089 410 415 (BIA June 20, 2011)
U.b.Dearent ofJustice
L wt g0ouKW
D=ouof0U0ofm guouApp
m e
rChh,va2241
File: A089 410 415 Charlote NC
In re: GLORIA MONCA PRICE
I RMOVAL PROCEIGS
APPEA
Date:
ON BEH OF RSPONDENT: Hether M. Ziemba Esquire
ON BEHAF OF DHS: Scott D. Crss
Asistant Chief Cousel
APPLICATION: Reopenig
0 89J[
The respondent, a native and ctizen of Jamaica, appeals fom a deision dated Aprl 0, 2010, by
the Immigaton Judge in which be dened the repondent's moton to repen remova proce dings,
which had ben cnduce in asenta on March 4, 2010. The respondent fle a tmely appel fom
desion. The appel wbe sustained, procegs w be repene ad the rerd w be
rede.
The Immigaton Judge denied the respondet's motion to reopen fnding that she had failed to
establish that she did not receive proper notice for her March 4, 2010, hearng. However, upon
review, we fnd in light of the totality of circumstances presented in this case, we walow the
respondent another opporty to appear fr a heaing. Usuppor of her motion, the respondent
submitte a adavit in which sted that fllowig her heang on October 14, 2009, at which she
was infore that her next hearing wa on My 25, 2010, she moved ad submtted a A-11 to
USCIS. She indicte that she was unepresente Mthe tme ad did not undersd that she wa
reuire to submt a chage of address fr wth the Cour. She fher submitte evidence
indicng that she is marre to a citizen, ad a 1-130 pendg.
ORER: The appeal is sustaine, proce ings ae reopene and the record is rede to the
Immigaon Judge fr fher procegs.
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Gloria Monica Price, A089 410 415 (BIA June 20, 2011)
.

UITED STATES DEPATENT OF JUSTICE

EXECUTIVE OFFICE FOR'IMIGRTION REVIEW
IMMIGRATION COUT
5701 EXECUIV CENTER, STE 400
CHLOTTE, NC 28212
. GAFINK:L IMIGRTION LW FIRM
.
ZIEMBA, ESQ. , HEATHER M.
6230 FAIRVIEW RD. SUITE 105
CHALOTTE, NC 28210
Date: Apr 6, 2010
. .
File A989410-415
In the Matter of:
PRICE, GLORIA MONICA
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 .ppeals on or before

The appeal must b

.
e accompanied by proof of paid fee.
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.
Opposing counsel is granted until
brief in opposition to the appeal.
Enclosed 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: CRISS, SCOTT D. ESQ
Sincerely,
/
'
Immigratioi--Court Clerk
5701 EXECUTIVE CENTER DR. #300
CHLOTTE, NC 28212
UL
J
M
PM
N
r
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
" .

.
` . .
+

.

.

nte s1a1esm|KnmenfOI JUbT1LL

LXLLUT1YL UII1LL IOK 1MM1UKA1ON RV1LW
. t

UNtTD 5TA1EtmmtcaaftonLOUKT
5701Ltccutivc Lcntcr Drivc, buitc 400
Lharlettc, ^erth LareIiaa 28ZIZ
+ - .
; + `
. lti";.:;. 1 :_ * , ,,. ~ .`
NtneMTTeK OI:
t " * t :
SEA.
A08-410-415 Gleria Menica ricc
( X )Kcspendcnt ( ) AppIicant
: ( ) DepoHatiou ( )Exclusiou ( X )KcmevaI
( )ALLAsylumOuly ( X ) Pro-se
_0@5N.O A MOTON
AL1LN A11LRNLY: Abb1b1 AN1 U1b1HL1 LLUNbLL:
Hcatbcrm. Zcmbae Lg
P mL11LN 1L HLLNb1ULR AmL11LN 1O RLLLN 1N AbLN11A LHLR
has been fled in the above captioned case.
The Motion has been duly considered and it appears to the Court that:
- : .
`

|
] :.:The reqest_itimely and reasonable. Theref ore, tT tsHeKLBYOKDLKLD that the.Motion be
+
. -
", `

1K.
[ e Motion has been duly considered and it appears to the Court that no substantial grounds have
been advanced to warant that it be granted. Therefre, tftsneKLBYORDERED that the

Motion be and the same is hereby
' '

| g
_. _| f i i t'
.

TO:
^
LCttcatC obCwcC
THIS DOCUMENT WAS SERVED BY: MMLM) PERSONAL (P)
[..)ALIEN [ ) ALIEN c/o Custodial Ofcer j .] ALIEN'S AT /REP [ X] OHS
DATE: _ BY: COURT STAFF_. =

Attachments: [ J EOIR-33 [ ] EOIR-28 [ ] Legal Serices List [ ] Other
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Oh December , 2009, respondent was sent notice of her March 4, 2010 hearing,
which was sent to the most recent address provided under IA 239(a)(l)(F). cc
IA 240(b)(5), 239(a)(2); C.F.R. 1003.23(b)(4)(ii). The notice was HO
retured to the Court as undeliverable mail. Respondent was required to keep the
Cour infrmed of her curent address and filed to do so. Respondent concedes
that she moved and filed to keep the Court infned of her new address. cc
Respondent's motion at Exhibit . Respondent asserts she did not know that she
was required to keep the immigration court infoned of her address. The Court
notes that respondent was given this waing on two occasions: when she was
sered her her Notice to Appear and on her hearing notice dated October 14, 2009,
setting the hearing for May 25, 2010. As such, notice was proper at the last
known address of record. Accordingly, respondent has filed to establish that she
did not receive notice in accordance with paragraph (2) of IA 239(a).
Respondent's motion to reopen is therefre DENIED.
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t