Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)

7/27/2019 Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)

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Cruz, Alejandina G. Esq.6303 Bue Lagoon Drive Ste 400Miami FL 33126-0000

Name: TRRES JRGE NRIQUE

U Dptmnt Justi

xecute Oce Iation Ree

Board of Imigation AppealsOce of he Cek

5107 leebrg Pike Sute WOOFa Churh a 224

OHS/ICE ice of Chief Counsel MIA333 South Miami Ave. Suite 200Miami FL 33130

A099-925343

Date of this notice 1/11/2011

ncloed a co o the Boad decon and ode n the aboeeenced cae

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Panel MebeAdknBlanch Chale Kuendelbee ohKendallClak Moll

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\1Cite as: Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)

For more unpublished BIA decisions, visit www.irac.net/unpublished


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US Dp f st Executive Oce r Imigration Revew

Decision of he Board ofmmiaton Appeals

Fa Church, Virgia 2204

Fe: A099 925 343 Miami, FL

In re JORGE ENRQUE TOS

REMOV PRCEEDGS

PPEL

Date:

O BEHLF OF RESONDENT lejandna G. Cuz, Esquire

O BEHF OF : Timothy M Coessstant Chief Counsel

PPLCON Reconsideration, reopening

JAN 1 201

he respondent, a natve and citien of rgentna, was ordered removed n absentia onJanuay7 200 On Febua 5, 2010, the respondent ed a mey motion o reopen proceedngswhich the mmigation Judge denied on Februa 0, 200 n reachng his decision themmgraton Judge detemined that the respondent dd not rebut the presumption of proper seceof notice r his January 7 20, heaing The mmgration Judge noted that although therespondent indicated that an adavit and other docuentation i respect to a pending -29petition appeal ere accompanying hs motion, he did not submit anyhing with he motion Therespondent hen led a motion r reconsideration on Mach 3, 20, hic the mmigration Judgedened on March 5, 200. The respondent led a timely appea o hat decision he appea will be

sustained, proceedings wil be reopened and e record will be remanded

he mmigation Judge denied the respondent's moton r reconsderaion nding tha hedid not present any additiona legal arguments, change in aw or dent any argument or aspect thawas overlooked in hs prior decison e mmigration udge specically idented the absence ofan adavit and 129 documentation, suggesting that this n part, was hy the respondents orgnamotion was dened he mmigration Judge did not, hoever, address he additiona submissionsthat had been made s e respondent noted in he motion to reconsider, he additional documentsin question, hile not ed with the motion to reopen on February 5 200, were ed with themigaton Court on Febua 10, 200, the date the mmigaton Judge issued his decision denyingreopenng. n vie of he above and the totali of circumstances presented this case, includinghe respondents swo adavt in which he stated that he did not receive either the Notice toppear or the notce r hs hearing his diligence n seekng to reopen proceedings, as well as hispotental eligibli r ree, we ll allo the respondent anoher opportunty to appea r ahearng See Mae ofMRA 24 & Dec 665 ( 2008)

ORE: he appea s sustaned, proceedings are reopened and the record is remanded toe mation Judge r rther proceedings

F ORD

Cite as: Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)


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),ITED STATES DEPARTMENT OF USTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEWIMMIGRATION COURT

333 SOUTH MII AVE., STE.700MII, FL 33130

CRUZ, EJANDRINA G SQ.6303 BLUE LGOON DR. SUITE400MIMI, FL 33126

Date: Mar s 2010

File A099-92533

In the Matter ofTORRES, JORGE ENRIQUE

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

Thi deciion i final unle an appeal i taken to the oard ofImmigration Appea. The encloed copie of FORM EOIR 26,Notice of Appeal and FORM EOIR 2, Notice of Entry a Attorney orRepreentative, properly executed mut be filed with the Board ofImmigration Appeal on or before o tThe appeal mut be accompanied by proof of paid fee ($11 ). C

{,Enclosed is a copy of the ora deciion. c>o)-1:. 1:

-- Encosed is a transcript of the tetimony of record. '>o5.

You are granted until to submit a briefto thi office in upport of your appeal. :posing coune is granted until

brief in oppoition to the appea.to ubmit a

.

>

Enlosedi apy of te orde/decision of the Immigrtion Judge.

All aer filed with the Court shall be accompanied by proofof ervice upon opposing counel.

Sincerely,

Immigra ; Cerkcc AULETTE TAYLOR, ASSISTT CIEF COSEL

333 SOUTH MIAMI AE SUITE 300MIMI, FL 33130

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UNITD STAS DPARTNT O STICEXCIVE OFFIC FOR IGRATION RVEW

TD STATS OF AERCA

THE A' :JORGE ERIQUE TRS

RespondentA-099-925-343

I

XPEDT MOTION TO RCONSIDRYOR DCISION DATD FEBRARY 10, 2010

DENYING THE MOTION TO REOPEN

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COES OW, the Respondent, by and through his undersigned Attorey; and resectully ovs this Court to econsider the above mentoned case of Resondent,JORG NRI TORS, in whch the Immgrn d m, Frd, n January 05 010 entered an Asenta Ordr of Remova o the ntes States, and caerards on February 10 2010 denied the Motin to Reoen, and aeges as llows

Iv

l Resondent as stated in our original tion to Reoen ed on February 5,010 s a Citizen nd ational of Argentna who entered the United States, on ;May 21, 000 at iai, lorda, as a B-2 Nonimgrant, r a Teporary ?Stay not to eceed Novebr 20, 2000 Aerwards an -1 A. on Iigran 1')

cPetion was led on his behaf by Grisines Savio Group Inc. Said Pettonwas approved, with a hange of Non Immigrant Staus - to -1, vaidup to June 06 002 An tension of Stay om the sae copany was ed,and said Petition was denied But on Augst 27, 2002, an Apea was led tothe ommissioner Said Apeal was trnsrred to the Appa Oc oWashington, DC. Varous inquiries has been made n this case, but accordingo records, sad Appeal is still pending

As tated above on January 05, 2010, you entered an bsenta rder in thecase of Respondent r not attending an Igration earng at the Court ofMiai, Forida Aerwards we ed our oon to Reopen on ebruary 05,010 hen on or about ebruary 10, 2010 you rendered a decsin, denyinghe Motion to Reopen on this case You stated that among other things, thatwih our Motion e did not submit the docuents to Support our Moton ut5 dy ltr, c ubmd riou doumnt in ppor of our Moton thywere subitted, according to your stamped records on February 0, 010, thedate you rendered the decision and then afterwards maled to us. We did notsubmtted originaly the docuents with our oton, as we did not have at etme all the docuents needed, and we did not want to ait any onger to e

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Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)

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