Isela Esmeralda Hernandez-Reyes, A098 719 936 (BIA Dec. 9, 2016)
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Immigrant & Refugee Appellate Center, LLCIsela Esmeralda Hernandez-Reyes, A098 719 936 (BIA Dec. 9, 2016)
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Immigrant & Refugee Appellate Center, LLCU.S.
Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
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OHS/ICE Office of Chief Counsel - ATL
180 Ted Turner Dr., SW, Ste 332
Atlanta, GA 30303
Name: HERNANDEZ-REYES, ISELA ES...
A 098-719-936
Date of this notice: 12/9/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
bonnL
{!t1/lA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant l Edward R.
Mann, Ana
O'Connor, Blair
Userteam: Docket
For more unpublished BIA decisions, visit
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Cite as: Isela Esmeralda Hernandez-Reyes, A098 719 936 (BIA Dec. 9, 2016)
Immigrant & Refugee Appellate Center, LLC | www.irac.net
Flower, Claudia
Law Office of Claudia Flower, PLLC
3137 Mt. Vernon Av.
Alexandria, VA 22305
U.S Department of Justice
Decision of the Board of Immigration Appeals
... ..Executive Office for Immigration Review
Falls Church, Virginia 22041
File: A098 719 936 -Atlanta, GA
Date:
DEC - 9 2016
In re: ISELA ESMERALDA HERNANDEZ-REYES
APPEAL
ON BEHALF OF RESPONDENT: Claudia Flower, Esquire
APPLICATION: Reopening
The respondent, a native and citizen of El Salvador, was ordered removed from the United
States in absentia on June 1, 2005, after not appearing at a hearing. On November 16, 2015, the
respondent and the Department of Homeland Security (OHS) filed a Joint Motion to Reopen
Order of Removal. The hnmigration Judge denied the motion on April 6, 2016, and the
respondent appeals from that decision. The appeal will be sustained.
The Board defers to the factual findings of an Immigration Judge, unless they are clearly
erroneous, but it retains independent judgment and discretion, subject to applicable governing
standards, regarding pure questions of law and the application of a particular standard of law to
those facts. 8 C.F.R. I003.l(d)(3)(i), (ii).
We will sustain the appeal and reopen these proceedings. See Matter of Yewondwosen,
21 I&N Dec. 1025, 1026 (BIA 1997) (stating that the parties have an important role to play in
proceedings and that their agreement on a "proper course of action should, in most instances, be
determinative"). The motion to reopen was filed jointly, and the OHS has not filed an opposition
to the appeal. In light of the foregoing, the appeal will be sustained, and the motion will be
granted.
Accordingly, the following order will be entered.
ORDER: The appeal is sustained, the in absentia order of removal is vacated, and these
proceedings are reopened and remanded for furth proceedings consistent with the foregoing
opinion.
Cite as: Isela Esmeralda Hernandez-Reyes, A098 719 936 (BIA Dec. 9, 2016)
Immigrant & Refugee Appellate Center, LLC | www.irac.net
IN REMOVAL PROCEEDINGS
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GA
Hernandez Diaz Isela
IN REMOVAL
PROCEEDINGS
------------
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File No. 098 719 936
ORDER OF THE IMMIGRATION JUDGE
Upon due consideration of the Joint Motion to Reopen filed in the above entitled
matter, it is HEREBY ORDERED that the motion be:
_GRANTED
/1. DENIED because
_DHS does not oppose the motion.
_A response to the motion has not been filed with the court.
_Good Cause has been established for the motion.
_The court agrees with the reason stated in the opposition to the motion.
_The motion is untimely per ______
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It is furthered ORDERED that the case is set for
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Cite as: Isela Esmeralda Hernandez-Reyes, A098 719 936 (BIA Dec. 9, 2016)
