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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record and instructed the immigration judge to issue a type-written decision clearly articulating the rationale for denying the respondent's motion to reopen. The decision was issued by Member Edward Grant. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
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Sharma-Crawford, Rekha Sharma-Crawford 515 Avenida Cesar E. Chavez Kansas City, MO 64108
Name: ALVARADO-AVILA, ADRIAN
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals Office of the Clerk
5/07 Leesburg Pike, Suite 2000 Falls Church, Virg;nia 22041
DHS/ICE Office of Chief Counsel - KAN 2345 Grand Blvd., Suite 500 Kansas City, MO 64108
A 201-072-243
Date of this notice: 2/10/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Grant, Edward R.
Sincerely,
DorutL ctlftA) Donna Carr Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished/index/
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igrant & Refugee A
ppellate Center, LLC
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Cite as: Adrian Alvarado-Avila, A201 072 243 (Feb. 10, 2016)
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rU.S. Department of Justice Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 22041
File: A201 072 243 - Kansas City, MO
In re: ADRIAN ALY ARADO-A VILA
IN REMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Rekha Sharma-Crawford, Esquire
APPLICATION: Reopening
FEB 1 0 2016
The respondent, a native and citizen of Mexico, appeals the decision of the Immigration Judge, dated November 16, 2015, denying his motion to reopen.
The Immigration Judge's decision does not meaningfully address the specific facts presented in this matter, nor adequately apply those facts to the applicable statutes, regulations, and case law governing motions to reopen. See Matter of M-P-, 20 I&N Dec. 786 (BIA 1994) (holding that an Immigration Judge's decision must identify and fully explain the reasons for the denial of a motion to reopen); see also Matter of S-H-, 23 l&N Dec. 462 (BIA 2002) (finding that, because the Board's fact finding ability on appeal is limited, it is important for Immigration· Judges to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law).
Accordingly, the record will be returned to the Immigration Judge for preparation of a full type-written decision that clearly articulates the rationale for denying the respondent's motion to reopen. Upon preparation of the full decision, the Immigration Judge shall issue an order administratively returning the record to the Board. The Immigration Judge shall serve the administrative return order on the respondent and the Department of Homeland Security. The Board will thereafter give the parties an opportunity to submit briefs in accordance with the regulations. Accordingly, the following order shall be entered.
ORDER: The record is returned to the Immigration Judge for further action as required above.
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Cite as: Adrian Alvarado-Avila, A201 072 243 (Feb. 10, 2016)
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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT 2345 GRAND BLVD., STE 525
KANSAS CITY, MO 64108
Sharma-Crawford Attorneys at Law LLC Sharma-Crawford, William Michael 515 Avenida Cesar E. Chavez Kansas City, MO 64108
Date: Nov 17, 2015
File A201-072-243
In the Matter of: ALVARADO-AVILA, ADRIAN
,. ·
Attached is a copy of the written decision of the Immigration Judge. This decision is final unless an appeal is taken to the Board of Immigration Appeals. The enclosed copies of FORM EOIR 26, Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or Representative, properly executed, must be filed with the Board of Immigration Appeals on or before The appeal must be accompanied by proof of paid fee {$110.00) . .
Enclosed is a copy of the oral decision.
Enclosed is a transcript of the testimony of record.
You are granted until to submit a brief to this office in support of your appeal.
Opposing counsel is granted until brief in opposition to the appeal.
to submit a
Enclosed is a copy of the order/decision of the Irrunigration Judge.
All papers filed with the Court shall be accompanied by proof of service upon opposing counsel.
cc: MELISSA CASTILLO, ASSISTANT 2345 GRAND BLVD, SUITE 500 KANSAS CITY, MO 64108
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In the Matter of:
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U. S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT 2345 GRAND BLVD. , STE 525
KANSAS CITY, MO 64108
Case No.: A201-072-243 ALVARADO-AVILA, ADRIAN
Docket: KANSAS CITY IMMIGRATION COURT -DETAINED
IN �emova-1 PROCEEDINGS
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of
Motion to Reconsider an Immigration Judge's decision
Motion to Reopen proceedings
filed in the above entitled matter, it is hereby ordered that the motion
for reasons indicated in the attached decision
Appeal: NO APPEAL (A/I/B) Appeal Due By:
Form EOIR 2 - 2T
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igrant & Refugee A
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