t:.S.

Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals Qffice of the Clerk
5/07 Leesbrtrg Pike. Suite ~000
Falls Church. Virginia 2104 I

Edward, Carol L., Esq. Law Offices of Carol L. Edward & Assoc., P.S. 500 Denny Way Seattle, WA 98109

DHS/ICE Office of Chief Counsel- LVG 3373 Pepper Lane Las Vegas, NV 89120

Immigrant & Refugee Appellate Center | www.irac.net

Name: PINTO-REYES, ISELA GUADAL...

A 041-623-357

Date of this notice: 1/31/2013

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

OonrtLt!aAAJ
Donna Carr Chief Clerk Enclosure
Panel Members: Malphrus, Garry D. Holmes, David B. Guendelsberger, John

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Userteam: Docket

Cite as: Isela Guadalupe Pinto-Reyes, A041 623 357 (BIA Jan. 31, 2013)

ES. Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk
5107 Leesburg Pike. Suite 1000 Falls Church. Virginia 2104/

PINTO-REYES, ISELA GUADALUPE P. 0. BOX 1981 EVERETT, WA 98206

DHS/ICE Office of Chief Counsel- LVG 3373 Pepper Lane Las Vegas, NV 89120

Immigrant & Refugee Appellate Center | www.irac.net

Name: PINTO-REYES, ISELA GUADAL...

A 041-623357

Date of this notice: 1/31/2013

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. 1292.5(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. Sincerely,

Oon.nLC!a/lAJ
Donna Carr Chief Clerk

Enclosure
Panel Members: Malphrus, Garry D. Holmes, David B. Guendelsberger, John

schwarzA

Userteam: Docket

Cite as: Isela Guadalupe Pinto-Reyes, A041 623 357 (BIA Jan. 31, 2013)

U.S. Department of Justice

Executive Office for Immigration Review 22041

Decision oftbe Board oflmmigration Appeals

File: A041 623 357- Las Vegas, NV

Date:

JAN 312013

In re: ISELA GUADALUPE PINTO-REYES a.k.a. Isela Guadalupe Mendoza IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Carol L. Edward, Esquire

Charles W. Baccus Assistant Chief Counsel

APPLICATION: Reopening

On May 12, 2008, the respondent filed a motion in Immigration Court to reopen and terminate removal proceedings. On May 23, 2008, the Immigration Judge granted the respondent's motion. Thereafter, the Department of Homeland Security ("DHS") filed a motion to reconsider, which was denied on July 9, 2008. The DHS appeal from the Immigration Judge's denial of its motion to reconsider, which was initially sustained by the Board in a decision dated December 30, 2009, is presently before the Board upon remand from the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit directed that the Board further consider whether the Immigration Judge had jurisdiction to reopen the respondent's removal order in light of subsequent Ninth Circuit precedent. Based upon the totality of the circumstances in this case and recent decisions of the Ninth Circuit, we dismiss the DHS appeal and vacate our prior decision in this case. ORDER: The DHS appeal is dismissed and removal proceedings are terminated. FURTHER ORDER: The Board's December 30,2009, decision sustaining the DHS appeal is vacated.

Board Member Garry D. Malphrus respectfully dissents without opinion.

Cite as: Isela Guadalupe Pinto-Reyes, A041 623 357 (BIA Jan. 31, 2013)