Ruginski, John H, Jr., Esq.

Attorney At Law
127 Dorrance Street, 3rd Floor
Providence,RI02903
Name: CABREJA- ARIAS, ODALIS
U.S. Department of Justice
Executive Ofce fr Immigration Review
8aaraafImlgratlonAea!s
O]/|ceo}t/ec!erk
511 Leesburg Pike. Suite 2000
Falls Church. Virginia 2 2041
OHS/ ICE Office of Chief Counsel - HLG
1717 Zoy Street
Harlingen, TX 78552
A 087 -771 -705
Date of this notice: 9/5 / 2013
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Grant, Edward R.
Sincerely,
DC CQ
Donna Carr
Chief Clerk
Userteam: Docket
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Cite as: Odalis Cabreja-Arias, A087 771 705 (BIA Sept. 5, 2013)
U.S. Deparment of Justce
Exective Ofce fr Imigton Review
Decision of te Boad of Imigton Appe
Fal s Cuh Vigia 22041
File: A087 771 705 - Halingen, TX
I re: ODALIS CARJA-ARIAS
I RMOVAL PROCEEDIGS
APPEAL
Date:
ON BEHALF OF RESPONENT: John H. Ruginski, Jr., Esquire
ON BEHALF OF DHS:
APLICATION: Reopening
Irs Guera Bravo
Assistat Chief Counsel
SEP - 5
20i3
The respondent, a native ad citizen of Dominica Republic, appeals fom a Im gation
Judge's decision dated April 17, 2012, denyng te respondent's motion to reconsider the August
30, 2010, denial of his motion to reopen his removal proceedings, which were conducted in
absenta. The Departent of Homelad Security (DHS) opposes the appeal. The respondent's
appeal will be sustained ad the record will be remaded.
The record refects that the Febray 22, 2010, notice of hearing (NOH) fr the respondent's
June 23, 2010, removal heang incorectly listed the zip code as "78523," rather than what was
refected in the For I-830, Notice to EOI: Alien Address, "78237." As such, the record
demonsttes that notce of his reoval heaing was, in fct, sent to the wrong address, ad a a
result, he canot be charged with having received proper notice of his removal heang. 1 Matter
af3--R-,23 I&N Dec. 181 (BIA 2001); see a/saMatter afMunat-5antas, 20 I&N Dec. 205,
207 (BIA 1999) (notice is adequate when sent to the lat address provided by the respondent).
5eea/sagenera//y5embrngv. 3anta/es,499 F.3d 981, 988 (9
t
Cir. 2007) (holding that non
reeipt of the NOH may be shown by a single piece of evidence, such as when evidence shows
that a incorect address was use). Under the circumstances here, we fnd that it is appropriate
to sustan the appeal ad remand the record to te Immigation Judge fr fher proceedings.
Accordingly, we will enter te fllowing orders.
ORER: The respondent's appeal is sustained.
1 The reord does not indicate that counsel, Paul Esquivel, was mailed a NOH. Moreover, while
M. Esquivel attempted to fle a motion to chage venue in June 2010, it wa rejected by the
Immigation Cou fr failure to fle a For EOI-28, Notice of Entry of Appeace.
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Cite as: Odalis Cabreja-Arias, A087 771 705 (BIA Sept. 5, 2013)
,
A087 771 705
FRTR ORER: Te hmigation Judge's decisions of April 17, 2012, and August 30,
2010, ae vacated, the in absentia order is rescinded, the proceedings ae reopened, ad te
record is remaded to the higation Judge fr fer proceedngs.
2
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Cite as: Odalis Cabreja-Arias, A087 771 705 (BIA Sept. 5, 2013)
UNITED STATES DEPATMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRTION REVIEW
IMMIGRTION COUT
2009 W. JEFFERSON AVE, STE 300
HALINGEN, TX 78550
RUGINSKI I J. I JOHN H. I ESQ.
127 DORRCE STREET, 3RD FLOOR
PROVIDENCE, RI 02903
IN THE MTTER OF
CABREJA-AIAS, ODALIS
FILE A 087-771-705
jALE TO FORWA - NO ADRESS PROVIDED
DATE: Apr 18, 2012
. ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUGE. THIS DECISION
IS FINAL UNLESS A APPEA IS FILED WITH THE BOAD OF IMMIGRTION APPEALS
WITHIN 30 CALENDA DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPAING YOUR APPEA.
YOUR NOTICE OF APPEAL, ATTACHED DOCETS, A FEE OR FEE WAIVR REQUEST
MUST BE MAILED TO: BOARD OF IMMIGRATION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMIGRATION JUGE AS THE RESULT
OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEAING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMMIGRTION A NATIONALITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 u.s.c. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
OTHER:
IMIGRTION COURT
2009 W. JEFFERSON AV, STE 300
HALINGE, TX 78550
COURT CLERK
;.
IMMIGRTION COURT
CC: ASSISTAT CHIEF COUSEL
P.O. BOX 1711
HALINGEN, TX, 785510000
FF
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UD STATES DEPARTT OF JSTCE
EC OFFICE FOR IMGRATION RVIW
HARIGE IM GRATON COURT
2009 WEST JEFFERSON A V, SUITE 300
HARLIGE, TEXAS 785
I TH MATR OF ) April ' 1, 2012
Cabreja-Arias, Odalis Nicolas
RSPONDET
)
)
)
)
APPLICATION: Moton to Reonsider
ON BEHALF OF T RSPONDE
John H. Rugsk, Jr.
127 Dorance St., 3rd Fl.
Providence, R 02903
Case Number: 087-771-705
I REMOVAL PROCEEDIGS
ON BEHALF OF THE GVERNT
Assistant Chief Counsel
P.O. Box 1711
Halingen, T 78551
ORDER OF T IMGRATION rGE
O August 30, 2010, the Cour dene the reondent's moton t rpen h removal
prceedings. On Febrar 17, 2012, the respondent, through counsel, fle a moton to
reconsider the Court's August 30, 2010 decision. Te respondent's moton to reconsider will
be denied a untmely because it was not fled within 30 days of te date of ent of the fnal
astatve order ofremoval. See seton 240(c)(6)(B) of the Act; 8 C.F.R
1003.23(b)(l). The resondent's motion to reconsider will also be denied because he has not
alleged any material fctual or legal erors i te Cour's August 30, 2010 decision. See
seton 240(c)(6)(C) of te Act; 8 C.F.R 1003.23(b)(2); Mater ofO-S-G-, 24 I& De. 56
(BIA 2006). Accordingly, the fllowig order shall be entered:
ORER: Te resondent's moton to reonsider is DENIED.
CERTIICATE OF SERVICE
THIS DOCUNT WAS SERVED BY: M (M) PERSONAL SERVICE (P)
DATE:

BY: COURT S .
T: ( ) C/O CUSTODIAN DHS
A T A S: ( ) EOI-33 ( ) EOI-28 ( ) LEG VICES LIST ( ) OTHER
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