.

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office of the Clerk
5/07 leesh11rg Pike, Suite 2000
Falls Church, Virginia 2204/

DHS/ICE Office of Chief Counsel - MIA

333 South Miami Ave., Suite 200
Miami, FL 33130

Name: CLAROS-GARCIA, CLAUDIA PA ...

A 097-742-486
Date of this notice: 6/7/2016

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

[)OrutL Cl1/VL)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
Adkins-Blanch, Charles K.
O'Leary, Brian M.

Use rte am: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Claudia Patricia Claros-Garcia, A097 742 486 (BIA June 7, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Gyires, Marcela
Pozo Goldstein, LLP
2000 SOUTH DIXIE HIGHWAY, SUITE 101
MIAMI, FL 33133

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

..

Falls Church, Virginia 22041

File: A097 742 486 - Miami, FL

Date:

JUNO 7 1016

In re: CLAUDIA PATRICIA CLAROS-GARCIA

APPEAL
ON BEHALF OF RESPONDENT: Marcela Gyires, Esquire
ON BEHALF OF DHS: John T. Thompson
Assistant Chief Counsel
APPLICATION: Reopening

The respondent has appealed the Immigration Judge decision dated June 1, 2015, denying her
motion to reconsider the Immigration Judge's denial of her motion to reopen. The respondent
had previously been ordered removed in absentia for her failure to appear for the hearing on
June 3, 2009. The appeal will be sustained, proceedings will be reopened, and the record will be
remanded.
The Board reviews an Immigration Judge's findings of fact, including credibility
determinations and the likelihood of future events, under a "clearly erroneous" standard.
8 C.F.R. 1003.l(d)(3)(i); Matter ofZ-Z-0-, 26 I&N Dec. 586 (BIA 2015). We review all other
issues, including questions of law, judgment, or discretion, under a de novo standard. 8 C.F.R.
1003.l(d)(3)(ii).
The Board possesses discretion to reopen or reconsider cases sua sponte. See 8 C.F.R.
1003.2(a); see also Matter of G-D-, 22 I&N Dec. 1132 (BIA 1999); Matter of J-J-, 21 l&N
Dec. 976 (BIA 1997). Based on the totality of the circumstances in this case, we will grant the
respondent's motion to reconsider the denial of her motion to reopen, and we will rescind her in
absentia order pursuant to our sua sponte authority. See 8 C.F.R. 1003.2(a); see also Matter of
J-J-, supra. Accordingly, the following order will be entered.
ORDER: The appeal is sustained, the in absentia order of removal is rescinded, the
proceedings are reopened, and the record is remanded or further proceedings consistent with the
foregoing opinion.

Cite as: Claudia Patricia Claros-Garcia, A097 742 486 (BIA June 7, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

TICE

UNJ"ED STATES DEPARTMENT OF

EXEr IVE OFFICE FOR IMMIGRATIO

.. _ffiVIEW
IMMIGRATION COURT
MIAMI, FLORIDA

FILE:

IN THE MATTER OF:

CLAROS-GARCIA, CLAUDIA PATRICIA

A097-742-486

IN [REMOVAL] PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of the Respondent's MOTION TO RECOSIDER
IT IS HEREBY ORDERED that the Motion be [ ] GRANTED* [ v{nENIED because:
__ DHS does not oppose the Motion.
__ The respondent does not oppose the Motion.
__ A response to the Motion has not been filed with the Court.
Good cause has been established for the Motion.
__ The Court agrees with the reasons stated in the opposition to the Motion.

__ The Motion is untimely per __________________

__ That the Venue is changed to the Immigration Court at: _______

The Alien's current address is: ________________

_L__ Other:

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Teresita Maria Rodriguez, Esq. [ x]

Al#\ o u.jh fi.\e Cou.ri- a.e-k.no &J (ed e.s e Sj"t6G46'.-l-t:irn 014.f-rrf
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* ADJOURNMENT CODE .she teven 4-ppe.a.t"'Ld. a...+ u.t"'i-a..s
d,'re_e-tecL oW"' -tt-ie. -rA. 'he. e..spD.-\d4'C-+ ok+\.-4.s

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Deadlines:

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__ The application(s) for relief must be filed by ____________
__ The Respondent must comply with DHS biometric instructions by _____

# o
:

Lopez-EnrlqueiQ
0
Maria
Immigration Judge

Date: _
l- ----'6__
____./1---1---+-

Certificate of Service

This document was served by:

[x] Mail
To: [ x] Alien
] Alien c/o Custodial Officer
Date:

[] Personal Service
[ x] Alien's Att
tt.i
By: Court Staff:
.

[ x] DHS

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