Baldini-Potermin, Maria Theresa

Maria Baldini-Potermin & Associates, P .C.

1 N. LaSalle, Suite 2150
Chicago, IL 60602
Name: RINCON-VELASQUEZ, OTONIEL
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pik, Suite 2000
Falls Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - CHI
525 West Van Buren Street
Chicago, IL 60607
A 089-284-279
Date of this notice: 8/27/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Malphrus, Garry D.
Sincerely,
Donna Car
Chief Clerk
Usertea m: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Otoniel Rincon-Velasquez, A089 284 279 (BIA Aug. 27, 2014)
U.b.DccatefJas
Exetv Oc IormQouRew
Douo t B o oup
FalOV@20530
Fie: A089 284 279 - Chicago, Iinois
I r: OTON RCON - AQU
HROVAL PROCEEIGS
APPEAL
Date:
ON BEF OF RSPONDET: Maa Baldini-Pote Esquire
ON BEF OF DHS:
APPLICATION: Repenin
Se B. Fiter
Seior Atorey
u
2 7 ll^
This c was last befre the Boad on May 1, 2013, when we dismisse the respondent's
appeal of a Immigation Judge's Janua 7, 2013, decsion whch deie his motion t rescnd
his in absenta removal orde. The Unite States Court of Apeals fr the Seen Circuit has
gated the Gverent's unoppose motion to remand the ce t the Boad. The rerd will
be remaded to the Imigon Judge.
We revie a Immigaion Judge's fndings of fct, including te cedibiliy det on,
under te "clely eroneus'' stadard.
8
C.F.R 1003.l(d)(3Xi). We revew all other issues,
including whee the paies hve met the relevant burden of proof ad isses involving
qestions of law, judgent ad diseion, under a de novo stadad. 8 C.F.R 1003.l(d)(J)(ii).
The responden's c is goveed by te RAL I Act of 2005. m cr of b, 24 I&N
De. 42 (I 2006).
On My 1, 2013, we dismisse te respondent's appel of a Imigation Judge's Jaay 7,
2013, deision which denie his moton to recind his in absentia removal order. The
Im gation Judge deerined that te responde's menal state cased by his broters'
kidnapping ad his father's death in Mexco did not cnstitue exceptonal circumsances beyond
bs cntrol to excuse his failure to appe fr N 2012 hearing. She fher fund tat these
events did not cnstute changed count conditions bese they had oc ed pror t the 2012
heag, ad wee not preiously unavailable information. Finaly, the Imigation Judge
deline to repe the respondent's c on he ow aorty.
On Septembe 1
8
, 2013, the Unte Staes Cou of Apeas for the Seventh Cici ged
the Gveren's unoppos moton to remand. The mte wa remanded to the Boad to
cla whee te toity of the circmstaces test fr asessing a motion to rescd a in
asenta removal orde based upon eceptional circtaces, as s frh i mcr of -l-,
21 I&N Dec. 503 (I 1996), involves consideton of the merts of te alien's undelying
claim for relief I addition te case was remande to address the respondent's claim tht the
Immigation Judge committed legal eror i denying his request fr repeg on her own
aorty.
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Cite as: Otoniel Rincon-Velasquez, A089 284 279 (BIA Aug. 27, 2014)
A089 284 279
Because the remand raises sigcan evidentiay and legal isses which warat fher
elaboration and possible fac-fndig, ad gven our limte fac-fnding abiliy, we will remand
the c to the I igton Judge to J te isses discusse in the Seenth Cicuit's
red. The Immigation Judge also may hold a heng to evauate the cedibili of the
respondent's asseons in his asylum applicaion atache t the moton to reind his in absenta
reova order.
Accordigly, the following order will be entere.
ORE: Te rerd is reded for the ent of a ne decision in accordac with te
preeg order.
FOR T BOA
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Cite as: Otoniel Rincon-Velasquez, A089 284 279 (BIA Aug. 27, 2014)