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Immigrant & Refugee Appellate Center, LLC | www.irac.net U.S. Department of Justice Executive Office for Immigration

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Qffice ofthe Clerk

monteiro, artemisa lopes attorney Monteiro 36 Elm Hill Avenue boston, MA 02121

Name: CARREIRO, VICTOR MANUEL

5 /07 Leesburg Pike. Suite 2000 Falls Church, Virginia 2204I

OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728 Boston, MA 02114

A 203-159-537

Date of this notice: 3/24/2016

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

Sincerely,

DorvtL ct1/lA)

in the above-referenced case. Sincerely, DorvtL c t1/lA) Enclosure Panel Members: Miller I Neil P. Donna

Enclosure

Panel Members:

Miller I Neil P.

Donna Carr

Chief Clerk

Panel Members: Miller I Neil P. Donna Carr Chief Clerk Userteam: Docket For more unpublished BIA

Userteam: Docket

I Neil P. Donna Carr Chief Clerk Userteam: Docket For more unpublished BIA decisions, visit

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

Cite as: Victor Manuel Carreiro, A203 159 537 (BIA March 24, 2016)

BIA decisions, visit www.irac.net/unpublished/index/ Cite as: Victor Manuel Carreiro, A203 159 537 (BIA March 24, 2016)

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

U.S. Department of Justice

Executive Office for Immigration Review

Decision ofthe Board of Immigration Appeals

· Falls Church, Virginia 22041 File: A203 159 537 - Boston, MA Date:
· Falls Church, Virginia 22041
File:
A203 159 537 - Boston, MA
Date:
Virginia 22041 File: A203 159 537 - Boston, MA Date: In re: VICTOR MANUEL CARREIRO IN

In re: VICTOR MANUEL CARREIRO

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT:

APPLICATION:

Reopening

APPEAL ON BEHALF OF RESPONDENT: APPLICATION: Reopening Artemisa L. Monteiro, Esquire MAR 2 It 2016 The

Artemisa L. Monteiro, Esquire

MAR 2 It 2016

The respondent, a native and citizen of Cape Verde, appeals an Immigration Judge's order denying his motion to reopen an inabsentia order of removal. Given the procedural circumstances, we accept the appeal on certification. See 8 C.F.R. § 1003.l{c). The Immigration Judge's inabsentia order dated August 28, 2014, and subsequent denial of a motion to reopen dated April 21, 2015, are vacated, proceedings are reopened, and the record is remanded for further proceedings.

The Board reviews an Immigration Judge's findings of fact for clear error. 8 C.F.R.

or judgment de novo. 8 C.F.R.

§ 1003.l(d)(3)(i). § 1003.l(d)(3)(ii).

We review issues of law, discretion,

After the Immigration Judge issued the in absentia order, the respondent filed a motion to reopen alleging that he appeared at the time indicated on the Notice of Hearing, but the hearing was held at an earlier time. The Immigration Judge denied the motion to reopen because, inter alia, the respondent did not provide sufficient detail regarding the times of the hearing and when he actually appeared.

the times of the hearing and when he actually appeared. Our review of the record indicates

Our review of the record indicates that the respondent was scheduled to appear at 2 pm on August 28, 2014 (Exh. lA). However, according to the digital recording of the August 28, 2014, hearing, the Immigration Judge began the respondent's hearing at 1 pm, and had completed the hearing, and issued an order of removal in absentia, by 1 :28 pm. Given this evidence, we will vacate the inabsentia order and subsequent denial of reopening, reopen the proceedings and remand the record for a new hearing. Accordingly, the following orders shall be issued.

ORDER: The Inunigration Judge's inabsentia order and subsequent denial of the motion to reopen are vacated, proceedings are reopened, and the record remanded for a new hearing and entry of a new decision.

remanded for a new hearing and entry of a new decision. FOR THE BOARD Cite as:

FOR THE BOARD

Cite as: Victor Manuel Carreiro, A203 159 537 (BIA March 24, 2016)

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Immigrant & Refugee Appellate Center, LLC | www.irac.net UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR
Immigrant & Refugee Appellate Center, LLC | www.irac.net UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT

JFK FEDERAL BLDG.,

ROOM 320

BOSTON,

MA

02203

attorney Monteiro rnonteiro, arternisa lopes 36 Elm Hill Avenue boston, MA 02121

IN THE MATTER OF

CARREIRO,

VICTOR MANUEL

FILE A 203-159-537

DATE:

Aug 27,

2015

VICTOR MANUEL FILE A 203-159-537 DATE: Aug 27, 2015 UNABLE TO FORWARD - NO ADDRESS PROVIDED

UNABLE TO FORWARD - NO ADDRESS PROVIDED

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE.

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, MUST BE MAILED TO:

THIS DECISION

ATTACHED DOCUMENTS,

VA

AND FEE OR FEE WAIVER REQUEST

Suite 2000

BOARD OF IMMIGRATION APPEALS OFFICE OF THE CLERK

5107 Leesburg Pike,

FALLS CHURCH,

22041

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)

SECTION 1252B(c)(3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),

OF THE IMMIGRATION AND NATIONALITY ACT,

8

U.S.C.

8

TO REOPEN,

U.S.C. SECTION 1229a(c)(6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION YOUR MOTION MUST BE
U.S.C. SECTION 1229a(c)(6) IN REMOVAL PROCEEDINGS.
IF YOU FILE A MOTION
YOUR MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
JFK FEDERAL BLDG., ROOM 320
BOSTON, MA 02203
CC:
LOWY,
BRANDON L.

�HER:

JFK BUILDING, ROOM 425

BOSTON, MA, 02203

JFK FEDERAL BLDG., ROOM 320 BOSTON, MA 02203 CC: LOWY, BRANDON L. �HER: JFK BUILDING, ROOM

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United States Department of Justice Executive Office for Immigration Review lmmlgratfon Court - BOSTON

Office for Immigration Review lmmlgratfon Court - BOSTON In the Matter of: A Number: A- �

In the Matter of:

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is HEREBY ORDERED that the motion be GRANTE c(}>EN l�ecause:

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OHS does not oppose the motion.

The respondent does not oppose the motion.

A response to the motion has not been filed with the court.

Good cause has been establlshed for the motion.

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JFK FEDERAL BLDG., ROOM 320 BOSTON, MA 02203

IN THE REMOVAL CASE OF Alien# 203-159-537

Alien Name:

02203 IN THE REMOVAL CASE OF Alien# 203-159-537 Alien Name: CARREIRO, VICTOR MANUEL RESPONDENT ORDERS This

CARREIRO, VICTOR MANUEL RESPONDENT

ORDERS This is a memorandum ofthe Court's Decision and Orders entered on

August 28, 2014.

This memorandum is solely for the convenience of the parties. The oral or written Findings, Decision and Orders is the official opinion in this case. ( ) Both parties waived issuance of a formal oral decision in the case.

[] Respondent's pplication for VOLUNTARY removed to ---�-----�----
[] Respondent's
pplication for VOLUNTARY
removed to ---�-----�----

[]

Respondent's application for VOLUNTARY DEPARTURE was GRANTED until ----------' upon posting a voluntary departure bond in the amount of

$

 

removal to

or

to OHS within five business days from the date of this Order, with an alternate Order of . Respondent shall present to OHS

 

within ( ) thirty days ( ) sixty days from the date ofthis Order, all necessary travel documents for

voluntary departure.

 

[]

Respondent's application for ASYLUM was

(

) granted ( ) denied ( ) withdrawn with prejudice.

(

) subject to the ANNUAL CAP under the INA section 207(a)(S).

 

(

) Respondent knowingly filed a FRNOLOUS asylum application.

[]

Respondent's application for WITHHOLDING ofremoval under INA section 241(b) (3) was

(

) granted ( ) denied ( ) withdrawn with prejudice.

 

[]

Respondent's application for WITirnOLDING of removal under the Torture Convention was

(

)

granted ( ) denied ( ) withdrawn with prejudice.

[]

Respondent's application for DEFERRAL of removal under the Torture Convention was

(

)

granted ( ) denied ( ) withdrawn with prejudice.

[]

Respondent's application for CANCELLATION of removal under

 

section ( ) 203(b) ofNACARA, ( ) 240A(a) ( ) 240A(b)(l ) ( ) 240A(b)(2) ofthe INA, was

(

)

granted ( ) denied ( ) withdrawn with prejudice.

If granted, it was ordered that the OHS issue all appropriate documents necessary to give effect to this Order. Respondent ( ) is ( ) is not subject to the ANNUAL CAP under INA section 240A(e).

[]

Respondent's application for a WANER under the INA section

 

was

(

)

( ) granted ( ) denied ( ) withdrawn or ( ) other-----------

granted ( ) denied ( ) withdrawn or ( ) other-----------

) The conditions imposed by INA section 216 on the respondent's permanent resident status were removed.

(

�-

Respondent's application for ADJUSTMENT of status under section

£)<JINA

(

(

If granted, it was ordered that DHS issue all appropriate documents necessary to give effect to this

Order.

Z 'IS

J

of the

( ) NACARA ( )

was
was

grantedMdenied ( ) withdrawn with preJudice.

grantedo� a conditional basis under § 216 of the INA.

5; "VIJ �J

)

)

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) withdrawn with preJudice. grantedo� a conditional basis under § 216 of the INA. 5; "VIJ
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-4t1iiJNumber: 203-1�9-537
· �iuen Name: CARREIRO, VICTOR MANUEL
[]
Respon�ent's status was RESCINDED pursuant to the INA section 246.
[] Respondent's motion to WITHDRAW his application for admission was( ) granted ( ) denied.
[]
Respondent's motion to WITHDRAW his application for admission was( ) granted ( ) denied.
If the r:esporident fails to abide by any of the conditions directed by the district director of OHS, then the
alternate order of removal shall become immediately effective without further notice or proceedings: the
respondent shall be removed from the United States to--------------
[]
Respondent was ADMITTED as a
until
--------· As a condition of admission, the respondent was ordered to post a
$
bond.
Immigrant & Refugee Appellate Center, LLC | www.irac.net
[]
Case was(. )'TERMINATED( ) with( ) without prejudice( ) ADMINISTRATIVELY CLOSED.
[]
MATTHEW D'ANGELO, Immigration.Judge
Date: August 28, 2014
I
APPEAL:
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