Beruflich Dokumente
Kultur Dokumente
Department of Justice
Riders:
Date of th is notice: 4/29/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DortltL C
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Donna Carr
Chief Clerk
Enclosure
Panei Members:
Adkins-Blanch , Charles K .
Greer, Anne J.
O'Herron , Margaret M
Usertea m: Docket
Date:
Files:
r_.-i~~
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENTS:
The respondents, natives and citizens of Mexico, appeal the decision of the Immigration
Judge, dated November 10, 2015, deeming the lead respondent's Application for Asylum and for
Withholding of Removal (Form I-589) to be abandoned and ordering their removal from the
United States. The Department of Homeland Security has not replied to the respondents' appeal.
We review Immigration Judges' findings of fact for clear error. 8 C.F.R. 1003.l(d)(3)(i).
We review questions of law, discretion, and judgment, and all other issues in appeals de nova.
8 C.F.R. 1003.l(d)(3)(ii).
Considering the totality of the circumstances presented in this case, we conclude that the lead
respondent should be provided with a renewed opportunity to comply with the biometrics
requirements and present the merits of her Form I-589. See 8 C.F.R. 1003.47(d). However, at
the present time, we express no opinion regarding the ultimate outcome of these proceedings.
The following order is entered.
ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with the foregoing opinion and the entry of a new decision.
c~
Cite as: L-H-A-, AXXX XXX 320 (BIA April 29, 2016)
Inre:
APR 2 9 2016
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In the Matters of
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RESPONDENTS
IN REMOVAL PROCEEDINGS
CHARGE:
Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act immigrant with no visa.
APPLICATIONS:
File: A
A
A
Homeland Security issued a Notice to Appear that was personally served on the adult
respondent for each of the respondents on December 18, 2014, charging each with
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checks as required by regulation and the only reason given was that she forgot. The
respondent requested additional time to do so, however, the respondent has now been
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in the United States for almost one year, having come in November 15, 2014, and had a
GARY D. BURKHOLDER
Immigration Judge
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/Isl/
Immigration Judge GARY D. BURKHOLDER
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