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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent’s motion to reopen an in absentia removal order because the Immigration Judge wrote his decision on the cover page of the respondent’s motion and did not make any findings of fact or conclusions of law. The decision was issued by Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent’s motion to reopen an in absentia removal order because the Immigration Judge wrote his decision on the cover page of the respondent’s motion and did not make any findings of fact or conclusions of law. The decision was issued by Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent’s motion to reopen an in absentia removal order because the Immigration Judge wrote his decision on the cover page of the respondent’s motion and did not make any findings of fact or conclusions of law. The decision was issued by Member Sharon Hoffman.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
Executive Ofce for Immigration Review Board of Immigration Appeals Ofce ofthe Clerk 5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530 Law Office of Maria Luisa de Castro Foden, LLC. OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728 Boston, MA 02114 107 Oak St. Hartford, CT 06106 Name: VALLE-MENDIETA, WILLIAM AR. .. A 097 -656-455 Date of this notice: 9/22/2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Hofman, Sharon Sincerely, Dc. c ti Donna Carr Chief Clerk Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t
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w w w . i r a c . n e t Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014) U.S. Department of Justice Executive Offce fr Immigration Review Board of Immigration Appeals Off ice of the Clerk 5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530 VALLE-MENDIETA, WILLIAM ARMANDO A097-656-455 OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728 SUFFOLK COUNTY Boston, MA 02114 20 BRADSTON ST BOSTON, MA 02118 Name: VALLE-MENDIETA, WILLIAM AR . . . A 097-656-455 Date of this notice: 9/22/2014 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 fled with and received by the appropriate court of appeals within 30 days of the date of the decision. Enclosure Panel Members: Hofman, Sharon Sincerely, Dcn C wv D01ma Carr Chief Clerk Userteam: I m m i g r a n t
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w w w . i r a c . n e t Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014) : U.S. Department of Justice , Executive Office for Immigration Review Falls Church, Virginia 20530 File: A097 656 455 - Boston, MA In re: WILLIAM ARMANDO VALLE-MENDIETA IN REMOVAL PROCEEDINGS APPEAL Decision of the Board oflmmigation Appeals Date: ON BEHALF OF RESPONDENT: Mary Faden, Esquire APPLICATION: Reopening The respondent, a native and citizen of Ecuador, appeals the decision of the Immigration Judge, dated May 29, 2014, denying his motion to reopen. The Immigration Judge's decision, which has been hand-written on the cover page of the respondent's motion, does not meaningflly make any fndings of fct or law regarding the merits of the respondent's claim. See Matter of M-P-, 20 I&N Dec. 786 (BIA 1994) (holding that an Immigration Judge's decision must identif and flly explain the reasons for the denial of a motion to reopen); see also Matter of S-H-, 23 I&N Dec. 462 (BIA 2002) (finding that, because the Board's fct finding ability on appeal is limited, it is important for Immigration Judges to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law). Accordingly, the record will be retued to the Immigration Judge for preparation of a fll type-written decision that clearly articulates his rationale fr denying the respondent's motion. Upon prepaation of the full decision, the Immigration Judge shall issue an order administratively returing the record to the Board. The Immigration Judge shall serve the administrative ret order on the respondent and the Department of Homeland Security. The Board will thereafer give the parties an opportunity to submit brief in accordance with the regulations. Accordingly, the following order shall be entered: ORDER: The record is retured to the Immigration Judge fr frther action as required above.1 1 The respondent remains subject to the Immigration Judge's order of removal, entered m absentia on April 22, 2004. I m m i g r a n t
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w w w . i r a c . n e t Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014) UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT JFK FEDERAL BLDG., ROOM 320 BOSTON, MA 02203 Law Office of Maria Luisa de Castro Foden, LLC. Foden, Mary 107 Oak St. Hartford, CT 06106 IN THE MATTER OF FILE A 097-656-455 VALLE-MENDIETA, WILLIAM ARMANDO UNABLE TO FORWARD - NO ADDRESS PROVIDED DATE: May 29, 2014 ACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION. SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL. YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST MUST BE MAILED TO: BOARD OF IMMIGRATION APPEALS OFFICE OF THE CLERK 5107 Leesburg Pike, Suite 2000 FALLS CHURCH, VA 20530 ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING. THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C. SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6), 8 U.S.C. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT: IMMIGRATION COURT JFK FEDERAL BLDG., ROOM 320 BOSTON, MA 02203 OTHER: CC: SUSAN HILLER JFK FED BLDG. RM. 405 BOSTON, MA, 022030000 COURT FF I m m i g r a n t
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w w w . i r a c . n e t Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014) . . Mary Foden, Esq. Law Ofce of Maria Luisa de Castro Foden, LLC. 107 Oak Street Hartfrd, CT 06106 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRTION REVIEW IMMIGRATION COURT BOSTON, MASSACHUSSETTS IN THE MATTER OF: File No. A097 656 455 DETAINED ) ) ) VALLE-MENDIETA, WILLIAM ARMANDO ) ' '- r,- f v In Removal Proceedings ) ) > Immigration Judge Paul Gagnon MOTION TO REOPEN AN IN ABSENTI ORDER OF REMOVAL AN AUTOMATIC STAY IS IN EFFECT PENDING DISPOSITION OF THIS MOTION BY THE IMMIGRTION JUDGE. INA 240(b)(5)(C) :witlinmtionislllY: ftr I / c 5 f 5 - ' D r ! ' f o 5 ; -. " . ' "I '- _; ' ; -- : . -- - - L. J ''.; - - -. - -. ) . - .. . . f l -, --- ) - - :. r _ _ ;, , ") U' . - , - ... . , ' I m m i g r a n t