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Prasad, Anoop, Esquire

Reeves & Associates


388 Market St., #1080
San Francisco, CA 94111
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leeb1r Pike, S1ile 2000
Fals Ch1rch, Vrginia 2204/
OHS/ICE Ofce of Chief Counsel - SFR
P .0. Box 26449
San Francisco, CA 94126-6449
Name: DOMECILLO, MARIA THERESA GANZON A029-688-986
Date of this notice: 7/18/2011
Enclosed is a copy of the Board's decision ad order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Maria Theresa Ganzon Domecillo, A029 688 986 (BIA July 18, 2011)
Y
U.S.,Department of Justice
Executive Ofce fr Imigation Review
Decision of the Board of Imigation Appeals

. e
Falls Church, Virginia 22041
File: A029 688 986 - San Francisco, CA
In re: MARIA THERESA GANZON DOMECILLO
I RMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Anoop Prasad, Esquire
APPLICATION: Reopening
JUL 18 2l11
The respondent, a native and citizen of the Philippines, has appealed fom the Immigration
Judge's decision dated July 31, 2009, denying her motion to reopen proceedings based upon a claim
of inefective assistance of counsel. The respondent also moves fr a stay of removal. The record
will be retured to the Immigration Court. The request fr a stay of removal is granted.
In the adjudication of a motion to reopen, an Immigration Judge must identif and flly explain
his decision so that the parties will not be deprived of the opportunity to contest the judge's
determination on appeal and the Board will be able to meaningflly exercise its responsibility of
reviewing the decision in light of the arguments advanced on appeal. See Matter of M-P-,
20 I&N Dec. 786 (BIA 1994); see also Matter of A-P-, 22 l&N Dec. 468 (BIA 1999). The
Immigration Judge's decision i this case merely states that the respondent filed to establish
inefective assistance of counsel, and indicates that the motion was also denied in the exercise of
discretion. As presently constituted, the decision is devoid of any fct-fnding or legal analysis and
does not provide us with a meaningfl basis fr review. See generally Matter of S-H-, 23 I&N Dec.
462, 463-65 (BIA 2002). We will retur the record to the Immigration Judge fr the enty of a more
complete decision. Upon preparation of the fll decision, the Immigration Judge shall issue an order
administratively returing the record to the Board. The Immigration Judge shall serve the
administrative retu order on the respondent and the Department of Homeland Security. The Board
will thereafer give the parties an opportunity to submit briefs in accordance with the regulations.
Accordingly, the fllowing orders will be entered.
ORDER: The respondent's removal is stayed.
FURTHER ORDER: The record is remanded to the Immigration Court fr fher proceedings
in accordance with this decision.
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Cite as: Maria Theresa Ganzon Domecillo, A029 688 986 (BIA July 18, 2011)
In the Matter of:

United States Department of Justice


Executive Ofce fr Immigration Review
Immigration Court
San Francisco, CA
Theresa Domeci Ito A Number: 029 688 986
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of the RespondenMotion to Reopen, it is HEREBY ORDERED
that the motion be : ; GRANTED NIED because:
'. . OHS does not oppose the motion.
: The respondent docs not oppose the motion.
r A response to the motion has not been filed with the court.
: ! Good cause has been established fr the motion.
, ; The court agrees with the reasons stated in the opposition to the motion.
l_e motion is untimely per r

'.Other: lv . ,_
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Dd t t.

eldncs:

I
r l The application(s) for relief must be filed by
i ! The respondent must comply with DHS biometrics instructions by
' =7
Date
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eo _/
Phan-Quang Tue
Immigration Judge
ertificate of Service
This document was served by: Mail [ ] Pers nal Service
To: [) Alien [) Alien c/o C lial Office
"
e
Alien's Atty/Rep
Date:
AIG O 3 20
ourt Staf

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