U.S.

Department of Justice Executive Office for hnmigration Review

Board ofImmigration Appeals Office of the Clerk

5107 Leesburg J>ike, Suite 2000 Falls Clrurclr, Virginia 22041

Rubin, Jeffrey B., Esq. Law Offices of Jeffrey B. Rubin, P.C. One Center Plaza, Suite 230 Boston, MA 02108

OHS/ICE Office of Chief Counsel P .0. Box 8728 Boston, MA 02114

BOS

Immigrant & Refugee Appellate Center | www.irac.net

Name: REYES OZUNA, ANEURY JOSE

A056-533-868

Date of this notice: 3/13/2012

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

Donna Carr Chief Clerk

Enclosure

Panel Members: Holmes, David B.

Cite as: Aneury Jose Reyes Ozuna, A056 533 868 (BIA Mar. 13, 2012)

U.S. Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5107 l.eesb11rg Pike, S11ile 2000 Falls Ch11rch. Virginia 22041

REYES OZUNA, ANEURY JOSE At# 056-533-868 830 PINE HILL ROAD JENA, LA 71342-0000

OHS/ICE Office of Chief Counsel P.O. Box 8728 Boston, MA 02114

BOS

Immigrant & Refugee Appellate Center | www.irac.net

Name: REYES OZUNA, ANEURY JOSE

A056-533-868

Date of this notice: 3/13/2012

Enclosed is a copy of the Board's decision in the above-referenced 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 from the United States or affirms an Immigration Judge's decision ordering that you be removed, any petition for review of the attached decision must be filed with and received by the appropriate court of appeals within 30 days of the date of the decision.
Sincerelv.

DonrtL Ca.NV
Donna Carr ChiefCJerk

EncJosure

Pane] Members: Holmes, David B.

Cite as: Aneury Jose Reyes Ozuna, A056 533 868 (BIA Mar. 13, 2012)

u;s. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File:

A056 533 868 - Boston, MA

Date:

MAR 13 2012

In re: ANEURY JOSE REYES OZUNA a.k.a. Aneury R. Ozuna a.k.a. Aneury Jose Reyes a.k.a. Aneury J. Reyes-Ozuna IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

MOTION ON BEHALF OF RESPONDENT: APPLICATION: Jeffrey B. Rubin, Esquire

Reopening; reconsideration

ORDER: Considering the entirety of circumstances presented in this case, including the unchallenged representations presented in the respondent's motion regarding the reasons for his inability to participate in the plea hearing in the Massachusetts criminal court on February 16, 2012, and the written concession by the Massachusetts Assistant District Attorney that there were constitutional defects in the original plea to the offense underlying these proceedings, the proceedings are reopened under the provisions of8 C.F.R. 1003.2(a). The record will be remanded to the Immigration Judge to provide the parties a further opportunity to present evidence and argument regarding the respondent's removability on an updated record.

FURTHER ORDER: The record is remanded to the Immigration Judge for further proceedings not inconsistent with this order and entry ofa new decision.

FOR THE BOARD

Cite as: Aneury Jose Reyes Ozuna, A056 533 868 (BIA Mar. 13, 2012)