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Shannon M.

Shepherd
Immigration Attorneys, LLP
203 Norh LaSalle Street, #1550
Chicago, IL 60601
Name: RIVAS-MELENDREZ, HILARIO
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 l.eesh11rg Pike, Sui1e 2000
Falls C/111rd1, Vrginia 12041
OHS/ICE Ofice of Chief Counsel - SOC
146 CCA Road
Lumpkin, GA 31815
A030 799-483
Date of this notice: 6/28/2012
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Pauley, Roger
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Hilario Rivas-Melendrez, A030 799 483 (BIA Jun. 28, 2012)
For more unpublished BIA decisions, visit www.irac.net/unpublished
RIVAS-MELENDREZ, HILARIO
STEWART DETENTION CENTER
A030-799-483
146 CCA RD
LUMPKIN, GA 31815
Name: RIVAS-MELENDREZ, HILARIO
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5/07 Leesb11rg Pike, S11ite 2000
Falls Cl111rch. Vrginia ] 204 I
OHS/ICE Ofice of Chief Counsel - SOC
146 CCA Road
Lumpkin, GA 31815
A030-799-83
Date of this notice: 6/28/2012
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 sered 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.
Enclosure
Panel Members:
Pauley, Roger
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Hilario Rivas-Melendrez, A030 799 483 (BIA Jun. 28, 2012)
U.S. Deparent of Justice
E>cutive Ofce fr Imigation Review
Decision of the Boad of Imigation Appeals
Falls Church, Virginia 22041
File: A030 799 483 - Lumpkin, Georgia Date:
JUN . 8 2012
In re: HILARO R AS-MELENDREZ a.k.a. Hilario Rvas a.k.a. Hilario Melendrez
a.k.a. Hilario Melendrez Rvas
I RMOVA PROCEEDINGS
APPEAL
ON BEHALF OF RSPONDENT: Shannon M. Shepherd, Esquire
ON BEHALF OF OHS: Anthony M. Cacavio
Assistant Chief Counsel
APPLICATION: Reopening
The respondent has fled a timely appeal of an Immigration Judge's order, dated March 29, 2012,
denying his motion to reopen sua sponte. The record will be remanded to the Immigration Court fr
frther proceedings in accordace with this decision.
In considering this appeal, we note our decision in Matter of M-P-, 20 I&N Dec. 786 (BIA 1994 ).
Therein, we indicated that when a motion to reopen deportation proceedings is denied, the
Immigation Judge must identif ad flly explain the reasons fr such decision; otherwise, the
parties are deprived of a fir opportunity to contest the immigration judge's determination on appeal,
and the Board is unable to meaningflly exercise its responsibility of reviewing the decision in light
of the arguments advanced on appeal. See generally also Matter of A-P-, 22 I&N Dec. 468
(BIA 1999). The Immigation Judge's decision, as presently constituted, does not provide us with
a meaningfl basis fr appellate review. See generally Matter of S-H-, 23 l&N Dec. 462, 463-65
(BIA 2002) (stating that Immigation Judges should include in their decisions clea ad complete
fndings of fct that are suppored by the record and are in compliance with controlling law).
Regardless of the validity of the Immigration Judge's fnal determinations as fund in his
comments appended to the bottom of his frm order, these are conclusiona and fil to refect that
he exercised his responsibility to weigh and consider the arguments presented by the respondent, and
to thereafer flly explain his reasoning i a written decision. This was not done in this case.
Accordingly, the record will be retued to the Immigation Court fr frther action as required
above. Upon preparation of the fll decision, the Immigration Judge shall issue an order
administratively retuing the record to the Board. The Immigration Judge shall serve the
administrative retur order on the respondent and the Department of Homeland Security. The Boad
will thereafer give the parties a opportunity to submit briefs in accordance with the regulations.
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Cite as: Hilario Rivas-Melendrez, A030 799 483 (BIA Jun. 28, 2012)
I
II

A030 799483
\
ORER: Te record is remanded to the Immigration Court fr further proceedings in
accordace with this decision.
FR THE BOAR
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, _.
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
OFFICE OF THE IMMIGRATION JUDGE
LUMPKIN, GEORGIA
I THE MATTER OF:
)
)
RIV AS, Hilario
)
In Removal Proceedings
A# 030 799 483
)
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of Respondent's M
F
oio Reopen Sua Sponte, it is HEREBY
ORDERED that the motion be
[
] GRANTED I ENIED because:
[
] DHS does not oppose the motion.
[
] The Respondent does not oppose the motion.
[
] A response to the motion has not been fled with the court.
[
l Good cause has been established fr the motion.
[
l The court agrees with the reasons stath

pposition to the-m:--
)
j
/
[ l The untimely

--
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.. . , c: , ,
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,
/-
Certifcate of Serice
This document was sered by:
[
] Mail
[
] Persojal Service
. - _
To: [ _J_Jl,il - }Aljen_/o Custodial Ofcer ren's AttyJHS
Date: . ,,I -. i 1 - By: CoJrt Staf _
/
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