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  • Blanca Lidia Alfaro-Serrano, A098 121 479 (BIA Oct. 25, 2012)

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    Immigrant & Refugee Appellate Center, LLC
    215 vizualizări2 pagini
    In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings upon finding that the respondent, whom the immigration judge found had failed to provide a valid address at which she could be contacted, in fact provided an address in "Chantille" (rather than Chantilly), Virginia. The decision was written by Member Sharon Hoffman and joined by Member Charles Adkins-Blanch and Member Elise Manuel.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings upon finding that the respondent, whom the immigration judge found had failed to provide a valid address at which she could be contacted, in fact provided an address in "Chantille" (rather than Chantilly), Virginia. The decision was written by Member Sharon Hoffman and joined by Member Charles Adkins-Blanch and Member Elise Manuel.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    215 vizualizări2 pagini

    Blanca Lidia Alfaro-Serrano, A098 121 479 (BIA Oct. 25, 2012)

    Încărcat de

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings upon finding that the respondent, whom the immigration judge found had failed to provide a valid address at which she could be contacted, in fact provided an address in "Chantille" (rather than Chantilly), Virginia. The decision was written by Member Sharon Hoffman and joined by Member Charles Adkins-Blanch and Member Elise Manuel.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 2

    U.S.

    Department of Justice

    Executive Office for Immigration Review

    Board ofImmigration Appeals Office ofthe Clerk


    5107 Leesburg Pike. Suite 2000 Falls Church, Virginia 21041

    ALFARO-SERRANO, BLANCA LIDIA 2687 1/2 W. PICO BLVD LOS ANGELES, CA 90006

    OHS/ICE Office of Chief Counsel 1717 Zoy Street Harlingen, TX 78552

    HLG

    Immigrant & Refugee Appellate Center | www.irac.net

    Name: ALFARO-SERRANO, BLANCA LI...

    A 098121-479

    Date of this notice: 10/2512012

    Enclosed is a copy of the Board's decision and order Sincerely,

    in the above-referenced case.

    DOYlrtL caftAJ
    Donna Carr Chief Clerk

    Enclosure
    Panel Members: Adkins-Blanch, Charles K. Hoffman, Sharon Manuel, Elise L.

    Trane Userteam: Docket

    Cite as: Blanca Lidia Alfaro-Serrano, A098 121 479 (BIA Oct. 25, 2012)

    U.S. Department of Justice


    Executive Office for Imm igration Review falls Church, V

    Decision of the Board of Immigration Appeals

    pa

    22041

    File: Jn re:

    A098 121 479- Harlingen, TX BLANCA LIDIA ALFARO-SERRANO

    Date:

    OCT. li'ttll

    IN REMOVAL PROCEEDINGS APPEAL

    Immigrant & Refugee Appellate Center | www.irac.net

    ON BEHALF OF RESPONDENT: ON BEHALF OF DHS:

    Pro

    se

    Nicole M. Gonzalez Assistant Chief Counsel

    APPLICATION: Reopening

    ORDER: The respondent's appeal of the decision of the Immigration Judge, issued April I, 2011, denying her motion to reopen is sustained, these removal proceedings are reopened, and the record is remanded to the Immigration Court for further proceedings. The Immigration Judge ordered the respondent, a native and citizen of El Salvador, removed, in absentia, in September 2004, without providing her notice of the hearing because she was deemed
    to have failed to provide an address where she could be contacted.

    See sections 240(b)(5)(A), (B) of the hnmigration and Nationality Act, 8 U .S.C. l 229a(b)(5)(A), (B); Gomez-Palacios v. Holder,

    560 F.Jd 354, 360-61 (5th Cir. 2009). However, the Record of Deportable I Inadmissible Alien (Form 1-213) indicates that, upon her apprehension by Border Patrol agents in July 2004, the respondent provided an address in "Chantille," Virginia (Exh. 2). I Considering these circumstances, we conclude that the September 2004 removal order should be rescinded as the respondent did not receive notice of her hearing in accordance with section 239 of the Immigration and Nationality Act, 8 U.S.C. 1229. See section 240(b)(5)(C)(ii) of the Act, 8 U.S.C. 1229a(b)(5)(C)(ii).

    It appears that the respondent was referring to Chantilly, Virginia.

    Cite as: Blanca Lidia Alfaro-Serrano, A098 121 479 (BIA Oct. 25, 2012)

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