Yacub, Ivan, Esq.

Yacub Law ofices, LLC

307 E. Annandale Rd., Ste.201
Falls Church, VA 22042
Name: GARCIA, ORLANDO N
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pike, Suite 2000
Fls Church, Virginia 20530
OHS/ICE Office of Chief Counsel - WAS
1901 S. Bell Street, Suite 900
Arlington, VA 22202
A 046-041-51
Date of this notice: 10/15/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger. John
Sincerely,
D cl
Donna Carr
Chief Clerk
Userteam: Docket
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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Orlando N. Garcia, A046 041 451 (BIA Oct. 15, 2014)
GARCIA, ORLANDO N
A046-041-451
OHS/ICE/FARMVILLE
508 WATERWORKS ROAD
FARMVILLE, VA 23901
Name: GARCIA, ORLANDO N
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Qfce of the Clerk
5107 leesburg Pike, Suite 2000
Fls Church. Virginia 20530
OHS/ICE Office of Chief Counsel - WAS
1901 S. Bell Street, Suite 900
Arlington, VA 22202
A 046-041-451
Date of this notice: 10/15/2014
Enclosed is a copy of the Board's decision in the above-refrenced 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 fom the United States or afrms an Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
DC Ca
Donna Carr
Chief Clerk
Useream:
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Cite as: Orlando N. Garcia, A046 041 451 (BIA Oct. 15, 2014)
U.S. Department of Justce Decision of the Boad of Imigration Appeals
Executive Ofce fr Imigration Review
Falls Chuch, Virginia 20530
File: A046 041 451 -Arlington, VA Date:
OCT J iZOtt
In re: ORLANDO N. GARCIA a.k.a. Orlado Gacia a.k.a. Orlado Nefali Garcia
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHAF OF RESPONDENT: Ivan Yacub, Esquire
ON BEHALF OF DHS: Adam L. Berg
Assistat Chief Cousel
ORDER:
The respondent has appealed the Immigration Judge's decision dated January 8, 2014, which
ordered te respondent removed to El Salvador.
Upon review of the Immigation Judge's decision, we fnd it appropriate to remad the record
to te Immigration Judge fr te preparation of a new decision. We fnd that the Immigration
Judge's decision is inadequate fr puroses of rendering a decision on te respondent's appeal. In
this case, te Immigration Judge issued a fr order where he checked a box whch stated tat
"In the absence of a response by the Respondent, I agree with and adopt te reasoning of the
DHS motion fled on Dec. 11, 2013 as my decision in ths case. Therefre, te Respondent
shall be Removed to El Salvador on the chage in the NT A." The Board is uable to review this
case efectvely witout a complete record of proceedings which should include a decision
setting frth the Immigraton Judge's fndings of fct and conclusions of law. See Mater of
S-H-, 23 I&N Dec. 462 (BIA 2002); 8 C.F.R. 1003.l(d)(3); see also Matter of
Rodriguez-Carrillo, 22 I&N Dec. 1031 (BI 1999) (discussing te imporance of a fll ad
sepaate decision by the Immigration Judge).
Accordingly, the record will be retued to the Immigration Judge fr prepaation of a fll
decision. See Matter of A-P-, 22 I&N Dec. 468 (BIA 1999). Upon prepaation of the fll
decision, the Immigration Judge shall issue a order administatively retng the record to the
Boad. The Imigration Judge shall sere te adminstratve ret order on the respondent ad
te Depatment of Homelad Security. The Board will thereafer give the paies a opporunity
to submit brief in accordace with the regulations. Accordingly, the record is remanded to the
Immigration Judge fr fer proceedings consistent with the fregoing opinon ad entry of a
new decision.
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Cite as: Orlando N. Garcia, A046 041 451 (BIA Oct. 15, 2014)
' "
...
.
'
I the Matter of:
UITED STATES DEPARTMENT OF JUSTICE
EXCUTIE OFFICE FOR IMMIGRATION RVIEW
IMMIGRATION COURT
ARINGTON, VIRGINIA
)
)
Orlado Nefali Gacia
)
)
)
)
File No.: A 046 041 451
In removal proceedings
)
U fIT. / ORDER OF THE IMMIGRTION JDGE
Upon consideration of te IHS Motion to Enter Removal Order, it is HRBY
ORERED that the motion be:
GRANTED.
[]DENIED.
Certifcate of Service
This document was sered by: []Mail []Personal Service
Date:
0 / - QE-/
'
To: []Alien []Alien c/o Custodial Offcer []Alien's Aty/Rep [] DHS
By: Court Staf
J. . . ... _ ............ .... . .. -.
----
.M . . :.
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