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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office of the Clerk

5107 Leesburg Pike, Suite 2000


Falls Church, Virginia 22041

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COCA, JASMINE CAMILLE OHS/ICE Office of Chief Counsel - LVG
Catholic Charities of Southern Nevada 3373 Pepper Lane
1511 Las Vegas Blvd. Las Vegas, NV 89120
Las Vegas, NV 89101

Name: PEREZ-DE DURAN, CLAUDIA C... A 206-687-577


Riders:

Date of this notice: 5/30/2017

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

Sincerely,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure

Panel Members:
Adkins-Blanch, Charles K.
Mann, Ana
Kelly, Edward F.

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index/

Cite as: Claudia Carolina Perez-Duran, A206 687 577 (BIA May 30, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Imm igration Review

Falls Church, Virginia 22041

Files: A206 687 577 -Las Vegas, NV Date: MAY 3 0 2017

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In re: CLAUDIA CAROLINA PEREZ-DE DURAN

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENTS: Jasmine C. Coca, Accredited Representative

ON BEHALF OF OHS: An Mai Nguyen


Assistant Chief Counsel

APPLICATION: Reopening

In an order dated November 12, 2015, the respondents, natives and citizens of El Salvador,
were ordered removed in absentia.1 The respondents filed for reopening on February 9, 2016. The
respondents now appeal from the February 22, 2016, decision of the Immigration Judge, denying
the motion to reopen. The appeal will be sustained.

We have considered the totality of the circumstances presented in this case, including the lead
respondent's affidavit, due diligence by counsel in discovering the rescheduled hearing date by
calling the 1-(800) phone number and evidence that the respondents had an incentive to appear in
order to pursue their applications for asylum. We find that an exceptional situation has been
demonstrated and the respondents should be allowed an opportunity to appear at a removal hearing
and to pursue relief from removal, as appropriate. See 8 C.F.R. 1003.23(b)(l); Matter ofG-D-,
22 l&N Dec. 1132 (BIA 1999); Matter ofJ-J-, 21 l&N Dec. 976 (BIA 1997). Accordingly, the
following order will be entered.


ORDER: The appeal is sustained, the in absentia order is vacated, proceedings are reopened,
and the record is remanded to the Immigration Judge for further proceedings and the entry of a
new decmoa

FOR THE BOARD

1 The respondents are a mother and her minor son.

Cite as: Claudia Carolina Perez-Duran, A206 687 577 (BIA May 30, 2017)
. ,.. _
_

r (
L -

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
3365 PEPPER LANE, SUITE 200
LAS VEGAS, NV 89120

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


Catholic Charities of Southern Nevada
COCA, JASMINE CAMILLE
1511 Las Vegas Blvd.
Las Vegas, NV 89101

Date: Feb 22, 2016

File A206-687-577 /$' 7S


In the Matter of:
PEREZ-DE DURAN, CLAUDIA CAROLINA

Attached is a copy of the written decision of the Immigration Judge.


This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
Immigration Appeals on or before
The appeal must be accompanied by proof of paid fee ($110.00).

Enclosed is a copy of the oral decision.

Enclosed is a transcript of the testimony of record.

You are granted until to submit a brief


to this office in support of your appeal.

Opposing counsel is granted until to submit a


brief in opposition to the appeal.

Enclosed is a copy of the order/decision of the Immigration Judge.

All papers filed with the Court shall be accompanied by proof


of service upon opposing counsel.

Sincerely,

cc: AN M. NGUYEN ESQ.


c:3i:u C 't UL

3373 PEPPER LAN


LAS VEGAS, NV 89120
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
LAS VEGAS, NEVADA

In the Matter of: )

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)
Claudia Carolina PEREZ-de Duran )
A206-687-577 )
& ) IN REMOVAL PROCEEDINGS

)
)
Respondent )

APPLICATION(S): Motion to Reopen.

ON BEHALF OF RESPONDENT: ON BEHALF OF DHS:


Jasmine Coca, Esq. Assistant Chief Counsel
Catholic Charities of Southern Nevada Department of Homeland Security
1511 Las Vegas Blvd., North 3373 Pepper Lane
Las Vegas, NV 89101 Las Vegas, Nevada 89120

WRITTEN ORDER OF THE IMMIGRATION JUDGE

The Respondents are a natives and citizens of El Salvador. On November 12, 2015, the

Immigration Court issued an in absentia order of removal against the Respondents. Thereafter,

on February 9 2016, the Respondent, through counsel, filed a motion to reopen. The

Respondents are claiming a lack of notice for their failure to appear, and that they never received

their hearing notices. The OHS has failed to submit any written response to this latest motion.

An in absentia order is properly entered when an alien has been properly served with a

copy the Respondent's charging document, informing the alien of the statutory obligations

associated with his removal proceedings and of the consequences of failing to provide a current

address, pursuant to 239(a)(l )(F) of the Immigration and Nationality Act ("the Act"). See

Matter of G-Y-R, 23 I&N Dec. 181 (BIA 2001). A review of the record indicates that the

1
Respondents were properly served with a copy of the Notice to Appear (''NTA") within the

statutory requirements of 239(a)(l) of the Act, as they were served the NTAs in person.

In the instant case, Respondent's counsel of record, Jasmine Coca, was properly served

with the written reset hearing notices. On June 24, 2015, this Court mailed a hearing notice to

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counsel setting the matter for November 12, 2015 at 8:30 am. See Exhibit #2. The hearing

notices have never been returned to this Court as undeliverable, thus this Court must assume that

counsel received such notices. Attorney Coca even appeared in court on November 12, 2015 on

the Respondents' behalf, but they failed to appear.

It has been held by the BIA that proper service on counsel of record is proper notice on

the Respondent. See 239(a)(l); 8 C.F.R. 292.5 & 1003.13; See also Matter ofN-K-& V-S-,

21 I&N Dec. 879 (BIA 1997); Matter of Peugnet, 20 I&N Dec. 233, 237 (BIA 1991). As the

method of service was reasonably calculated to ensure that notice reached the Respondent, the

Respondents have therefore not rebutted the presumption of adequate notice.

The Respondents can therefore be charged with receipt of their hearing notices.

Therefore, the in absentia order of removal issued on November 12, 2105, was properly entered

pursuant to 240(b)(5) of the Act and 8 C.F.R. 3.26(c).

Accordingly, the following order shall be entered:

ORDER

IT IS HEREBY ORDERED that the Respondents' motion to reopen is DENIED.

\\'lf,
DATED:

2
,

CERTIFICATE OF SERVICE
SEirJCE BY: Mail (M) .}rsonal Service (P)
TO: f] DHS [ ] Alien r Alien's Attorney
DATE: '2..- f?-.//f::::,
BY: Court s'taff

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