U.S.

Department of Justice
_.,.
Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 leesburg Pike. Suite 2000

Falls Church. Virginia 22041

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

Johnson, Carnell DHS/ICE Office of Chief Counsel - CHL
Johnson & Nicholson, PLLC 5701 Executive Ctr Dr., Ste 300
5701 Executive Center Drive Charlotte, NC 28212
Suite #415
Charlotte, NC 28212

Name: M -A ,G ... A -034

Date of this notice: 3/9/2017

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

Sincerely,

/1
(;
Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Kendall Clark, Molly
Greer, Anne J.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

Cite as: G-A-M-A-, AXXX XXX 034 (BIA March 9, 2017)

 U.S.)epa1\ment of Justice Decision of the Board oflmmigration Appeals
Exeutive Office for Immigration Review

Falls Church, Virginia 22041

File: A
MAR - 9 2017
034 - Charlotte, NC Date:

In re: G A M -A

IN REMOVAL PROCEEDINGS

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

APPEAL AND MOTION

ON BEHALF OF RESPONDENT: Carnell T. Johnson, Esquire

ON BEHALF OF DHS: Scott D. Criss

Assistant Chief Counsel

APPLICATION: Reopening

The respondent, a native and citizen of Honduras, appeals from the Immigration Judge's
July 12, 2016, order denying his motion to reopen and rescind the in absentia order dated
January 22, 2015. The Department of Homeland Security did not oppose the motion below and
did not respond to the respondent's appeal. During the pendency of the appeal, the respondent
has also submitted a motion to remand based on the approval of his petition for Special
Immigrant Juvenile (SU) Status. The DHS opposes that motion.

Because the respondent was under 14 years of age at the time he was served the Notice to
Appear (NTA), service on him alone was not sufficient. See 8 C.F.R. 103.8(c)(2)(ii) (2016);
Matter of W-A-F-C-, 26 l&N Dec. 880 (BIA 2016). Accordingly, the in absentia order of
removal will be rescinded, the respondent's removal proceedings will be reopened, and the
record will be remanded for proper service of the NTA and the conduct of new proceedings
consistent with the foregoing opinion. 1 The respondent's SIJ status can be considered on
remand.

ORDER: The in absentia order of removal is rescinded.

FURTHER ORDER: The respondent's removal proceedings are reopened, and the record is
remanded for proper service of the NTA and the conduct of new proceedings consistent with the
foregoing opinion.

1
We also note that the address on the hearing notice was sent to the wrong apartment number,
which should be corrected on remand.

Cite as: G-A-M-A-, AXXX XXX 034 (BIA March 9, 2017)

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UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
U.S. IMMIGRATION COURT
5701 Executive Center Drive, Suite 400
Charlotte, North Carolina 28212

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

IN THE MATTER OF: M A ,G A
CASE NO. A -034
I
ALIEN ATTORNEY: CARNELL JOHNSON, ESQ

DECISION ON A MOTION.
IN

[ ] DEPORTATION [ ] EXCLUSION [X ] REMOVAL PROCEEDINGS [ ] AOC ASYLUM ONLY

A JOINT MOTION TO RE-OPEN SUA SPONTE has been filed in the above captioned
cas. The Motion has been duly considered and it appears to the Court that:

[ ] The request is timely and reasonable. Therefore, IT rs HEREBY ORDERED that the
Motion be GRANTED.

[ Motion has been duly considered and it appears to the Court that no substantial grounds
have been advanced to warrant its grant. Therefore, IT rs HEREBY ORDERED that the Motion
be and the same is hereby DENIED.::::f'

t {jJ
[ ] Adjourn to individual / master calendar hearing on ______ at ___am/pm.

CM-- JlUL- S fJ1 =tof , 2016

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document was served to:

District Counsel
A
[ counsel for Respondent I Applicant
:.:
[ ] Respondent I Applicant 1"1

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