0 penilaian0% menganggap dokumen ini bermanfaat (0 suara)
18 tayangan3 halaman
In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from the Ninth Circuit, sustained the respondent’s appeal and remanded the record upon finding the respondent had demonstrated exceptional circumstances justifying her failure to appear. The decision was written by Member John Guendelsberger and joined by Member David Holmes and Member Molly Kendall-Clark.
In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from the Ninth Circuit, sustained the respondent’s appeal and remanded the record upon finding the respondent had demonstrated exceptional circumstances justifying her failure to appear. The decision was written by Member John Guendelsberger and joined by Member David Holmes and Member Molly Kendall-Clark.
In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from the Ninth Circuit, sustained the respondent’s appeal and remanded the record upon finding the respondent had demonstrated exceptional circumstances justifying her failure to appear. The decision was written by Member John Guendelsberger and joined by Member David Holmes and Member Molly Kendall-Clark.
94-229 Waipahu Depot St #205 Waipahu, HI 96797 U.S. Department of Justice Executive Offce fr Immigration Review Board of Immigation Appeals Ofce of the Clerk 5107 Leesburg Pike. Suite 2000 Falls Church, Vrginia 20530 OHS/ICE Ofice of Chief Counsel - HON 595 Ala Moana Boulevard Honolulu, HI 96813-999 Name: NEEMIA, FEGAUIAI GAUMATAU A 096-214-416 Date of this notice: 6/9/2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Holmes, David B. Guendelsberger, John Kendall-Clark, Molly Sincerely, Do Ca Donna Carr Chief Clerk Lulseges Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t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: Fegauiai Gaumatau Neemia, A096 214 416 (BIA June 9, 2014) U.S. Department of Justice Executive Ofce fr Immigration Review Falls Church, Virginia 20530 File: A096 214 416 - Honolulu, HI In re: FEGAUIAI GAUMA TAU NEEMIA I REMOVAL PROCEEDINGS APPEAL Decision of the Board oflmmigration Appeals Date: JUN 0 9 2014 ON BEHALF OF RESPONDENT: Ronald T. Oldenburg, Esquire APPLICATION: Reopening This case is presented befre the Board pursuant to an order issued by the United States Court of Appeals fr the Ninth Circuit. 1 The order granted the Goverment's unopposed motion to remad to the Board to reconsider our decision dated July 30, 2012, wherein we a rmed the Immigration Judge's decision denying te respondent's motion to reopen. The respondent had previously been ordered removed in absentia fr her filure to appea fr the hearing on May 20, 2011. The appeal will be sustained and the record will be remanded. 2 We review an Immigration Judge's fndings of fct fr clear error, but questions of law, discretion, and judgment, ad all oter issues in appeals, . are reviewed de novo. 8 C.F.R. 1003.l(d)(3)(i), (ii). On fher review of the record, we fnd that in considering the totality of the circumstances, the respondent has demonstrated exceptional circumstances fr her filure to appear. See Matter of W-F-, 21 l&N Dec. 503 (BIA 1996); see also Singh v. INS, 295 F.3d 1037 (9th Cir. 2002); Chete Juarez v. Ashcrof, 376 G.3d 944 (9th Cir. 2004). In the remanded proceedings, the paies should be given an opportunity to submit evidence, including testimony, regarding the respondent's application fr relief. We emphasize that our decision to reopen the proceedings and remand the record does not indicate any opinion as to the proper outcome of this matter. 1 Fegauiai Gaumatau Neemia v. Ho/de;, No. 12-7266L (9th Cir. fled Sept. 19, 2013). 2 The respondent argues in her brief befre te Board that the Department of Homeland Security ered in placing her in removal proceedings since her application to become a permaent resident of the United States had previously been approved by the U.S. Citizenship and Immigration Services, and it was never rescinded in accordance with Section 246 of the Immigration and Nationality Act, 8 U.S.C. 1256. As the Board's fct fnding ability on appeal is limited, the issues presented by the respondent are appropriate. fr consideration by the Immigration Judge in the frst instance. See Matter of S-H-, 23 l&N Dec, 462 (BIA 2002). On remand, te respondent may raise any arguments befre the Imigration Judge in the reopened proceedings. 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: Fegauiai Gaumatau Neemia, A096 214 416 (BIA June 9, 2014) , . '1 A096 214 416 Accordingly, the fllowing orders shall be entered. ORER: The appeal is sustained. FURTHER ORER: The Boad's July 30, 2012, decision is vacated. FURTHR ORER: The record is remaded to the I igration Judge fr fther proceedings consistent with the fregoing opinion ad fr the entry of a new decision. - 2 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: Fegauiai Gaumatau Neemia, A096 214 416 (BIA June 9, 2014)