U.S.

Department of Justice

Executive Office for Immigration Review

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

OHS/ICE Office of Chief Counsel - LOS

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

Name: LEVIN, JARDAN

A 087-084-094

Date of this notice: 8/4/2015

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

Dowu... Cwvu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
Guendelsberger, John
Holiona, Hope Malia

Userteam: Docket

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Cite as: Jardan Levin, A087 084 094 (BIA Aug. 4, 2015)

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Marshak, Russell L., Esq.

Popkin, Shamir & Golan
3600 Wilshire Boulevard, Suite 1118
Los Angeles, CA 90010

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

File: A087 084 094 - Los Angeles, CA

Date:

In re: JARDAN LEVIN

AUG

4 2015

APPEAL
ON BEHALF OF RESPONDENT: Russell L. Marshak, Esquire
APPLICATION: Reopening

The respondent, a native and citizen of Israel, was ordered removed from the United States in
absentia on May 31, 2013, after not appearing at a hearing. He filed a motion to reopen on
November 25, 2013, and he appeals from the Immigration Judge's decision dated
December 20, 2013, denying his motion. The appeal will be sustained.
The Board defers to the factual findings of an Immigration Judge, unless they are clearly
erroneous, but it retains independent judgment and discretion, subject to applicable governing
standards, regarding questions of law and the application of a particular standard of law to those
facts. 8 C.F.R. 1003. l(d)(3)(i), (ii).
In his appellate brief, the respondent argues that he was not served with the Notice to Appear
(Form 1-862). See section 239(a){l) of the Immigration and Nationality, 8 U.S.C. 1229(a)(l);
Matter of G-Y-R-, 23 l&N Dec. 181 (BIA 2001) (requiring that the Department of Homeland
Security ("DHS") establish that it served the respondent with the warnings and advisals
contained in the Notice to Appear). The respondent states in his affidavit that he changed his
address approximately two months before the mailing of the Notice to Appear; it was mailed to
his former address, and he did not receive it. In addition, the respondent's change of address is
corroborated by the affidavit of Hadas Shiron. In light of the foregoing, we will reopen these
proceedings, inasmuch as the DHS has not established that it served the respondent with the
Notice to Appear.
Accordingly, the following order will be entered.
ORDER: The appeal is sustained, and these p oceedings are reopened and remanded for
further proceedings consistent with the foregoing opi

Cite as: Jardan Levin, A087 084 094 (BIA Aug. 4, 2015)

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

IN REMOVAL PROCEEDINGS

r ..

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
606 SOUTH OLIVE ST.
LOS ANGELES, CA 90014

IN THE MATTER OF
LEVIN, JARDAN

FILE A 087-084-094

DATE: Dec 30, 2013

UNABLE TO FORWARD - NO ADDRESS PROVIDED

'\J ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION
j\" 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
BOARD OF IMMIGRATION APPEALS
MUST BE MAILED TO:
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
606 SOUTH OLIVE ST.
LOS ANGELES, CA 90014
OTHER:

CC: HABIBI MAYELI, NOOSHIN, ESQ./DHS

606 SO. OLIVE ST., BTH FLOOR
LOS ANGELES, CA, 900140000

COURT CLERK
IMMIGRATION COURT

'

FF

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POPKIN, SHAMIR & GOLAN

RUSSELL MARSHAK, ESQ.
3600 WILSHIRE BLVD., STE. 1118
LOS ANGELES, CA 90010

f.

-_.,,-
)if ..,,.

U.S. DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
606 SOUTH OLIVEST.
LOS ANGELES, CA 90014

......

Case No.: A087-084-094

Docket: LOS ANGELES, CALIFORNIA

RESPONDENT

IN REMOVAL PROCEEDINGS
ORDER OF THE IMMGRATION JUDGE

Upon consideration of RESPONDENT

Motion to Reconsider an Immigration Judge's decision
Motion to Reopen proceedings
filed in the above entitled matter, it is hereby ordered that the motion

Appeal:

Reserved

(A/I/B)

CERTIFICATE OF SERVICE
THIS DOCUMENT WAS SERVED BY: MAIL tMl PERSONAL SERVICE (P)
TO:
[ J ALIEN [ J ALIEN c/o Custol Officer )(Alien's ATT/REP ';( OHS
.
DATE: J:J-.30-c;JD/3
BY: COURT STAFF S,wA 4,,,..., C:2t1 e
(
Attachments:
[ J EOIR-33 [] EOIR-28 [] Legal Services List
Ot

..
M

Form EOIR 2 - 2T

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

In the Matter of:

LEVIN, JARDAN