In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte in light of Vartelas v. Holder, 132 S. Ct. 1479 (2012), to allow the respondent to present evidence that his 10-day trip to visit his father was "innocent, casual, and brief." The decision was issued by Member David Holmes.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte in light of Vartelas v. Holder, 132 S. Ct. 1479 (2012), to allow the respondent to present evidence that his 10-day trip to visit his father was "innocent, casual, and brief." The decision was issued by Member David Holmes.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte in light of Vartelas v. Holder, 132 S. Ct. 1479 (2012), to allow the respondent to present evidence that his 10-day trip to visit his father was "innocent, casual, and brief." The decision was issued by Member David Holmes.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
118-35 QUEENS BLVD., SUITE 1202 FOREST HILLS, NY 11375 Name: LIRIANO, CESAR U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Offce of the Clerk 5107 Leesburg Pike. Suite 2000 Fals Church, Vrginia 20530 OHS/ICE Office of Chief Counsel - NYC 26 Federal Plaza, 11th Floor New York, NY 10278 A 076-574-471 Date of this notice: 10/14/2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Holmes, David B. Sincerely, Dc c t Donna Carr Chief Clerk Userteam: Docket I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t For more unpublished BIA decisions, visit www.irac.net/unpublished Cite as: Cesar Liriano, A076 574 471 (BIA Oct. 14, 2014) U.S. Department of Justice Executive Ofce fr Immigtion Review Decision of the Boad of Immigation Appeals Falls Church, Viginia 20530 File: A076 574 471-New York, NY In re: CESAR LIRIANO I RMOVAL PROCEEDIGS MOTION Date: ON BEHALF OF RESPONDENT: Alexader Arandia, Esquire APPLICATION: Reopening OCT 11201 Te respondent has fled a motion to reopen these proceedings based on the Supreme Court's decision in Vartelas v. Holder, 132 S.Ct. 1479 (2012), seeking the opportty to present evidence a to the "innocent, casual and brief' nature of his 10-day tip to the Dominica Republic to visit his fther in Januay 1999. The Departent of Homeland Secuty ha not opposed the motion. 8 C.F .R. 1003 .2(g)(3 ). Under the circumstaces presented, we will reopen the proceedings under 8 C.F.R. 1003.2(a), and remad the record to the Immigration Judge fr a fher evidentiay heaing and fr te enty of a new decision. ORDER: The motion is grated. FURTHR ORDER: The record is remaded to te Imigration Judge fr fer proceedings and enty of a new decision. FOR THE BOARD I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t Cite as: Cesar Liriano, A076 574 471 (BIA Oct. 14, 2014)