U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals

Office of the Clerk
5 I 07 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - LOS

606 S. Olive Street, 8th Floor
Los Angeles, CA 90014

Name: GALE-VARGAS, BENJAMIN MIL...

A 205-719-884

Date of this notice: 10/31/2014

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

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Hoffman, Sharon
Manuel, Elise
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Benjamin Milton Geovani Gale-Vargas, A205 718 884 (BIA Oct. 31, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

Figueroa, Ricardo A., Esq.

Law Offices of Ricardo A. Figueroa
6101 Cherry Ave, Suite 106
Fontana, CA 92336

U.S.

Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia

File:

20530

A205 719 884 - Los Angeles, CA

Date:

OCT .312014

In re: BENJAMIN MILTON GEOVANI GALE-VARGAS a.k.a. Benjamin Gale a.k.a.

Benjamin Milton Gale

APPEAL
ON BEHALF OF RESPONDENT:

Ricardo A. Figueroa, Esquire

APPLICATION: Reopening

The respondent, a native and citizen of Guatemala, appeals the decision of the Immigration
Judge, dated June 9, 2014, denying his motion to reopen. The Department of Homeland Security
has not responded to the appeal.
Upon consideration of the totality of the record, we are satisfied that the respondent has
established that the order of removal, entered in absentia on January 13, 2014, should be
rescinded under the provisions of section 240(b)(5)(C)(ii) of the Immigration and Nationality Act,
8 U.S.C. 1229a(b)(5)(C)(ii). In particular, the evidence that the respondent has presented on
appeal sufficiently establishes that, at the time of his removal hearing, he was being detained at a
California county jail

as

a result of a conviction for a criminal offense.

See Matter of Evra,

25 I&N Dec. 79 (BIA 2009). Accordingly, we will reopen these proceedings in order to provide
the respondent with an additional opportunity to appear for a removal hearing. The following
order is entered.
ORDER: The in absentia order of removal, entered on January 13, 2014, is rescinded, these
removal proceedings are reopened, and the record is remanded to the Immigration Court for
further proceedings consistent with the foregoing opinion and for the entry of a new decision.

Cite as: Benjamin Milton Geovani Gale-Vargas, A205 718 884 (BIA Oct. 31, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

United States Department of Justice

Executive Office for Immigration Review
Immigration Court
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Immigration Judge

Immigrant & Refugee Appellate Center | www.irac.net

In the Matter of: