Barnett, Maria A., Esq.

Law Ofices of Maria Barnett

78-05 Roosevelt Avenue
Jackson Heights, NY 11372
Name: GAMBOA,ALEX
U.S. cQBtlmcul o-uSlcc
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pike. Suite 2000
Falls Church. l'irginia 220./
OHS/ICE Ofice of Chief Counsel - NYC
26 Federal Plaza, Room 1130
New York, NY 10278
A075-924-620
Date of this notice: 212212011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger, John
King, Carol
King, Jean C.
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Alex Gamboa, A075 924 620 (BIA Feb. 22, 2011)
For more unpublished BIA decisions, visit www.irac.net/unpublished

U.S. Deparent 0Justce
bxoOfor Im gton Km
M8Chuh Vrgna ZZI
File: A075 924 620 - New York,
U re: P7 GAOA
I REMOVA PROCEEDIGS
APPEA
Deion of 0Uof Imigton App
Date:
FEB
2 2 2011
ON BEHALF OF RESPONDENTS: Ma A. Baett, Esquire
ON BEHAF OF DHS: Bran J. Kenney
Asistant Chief Counsel
APPLICATION: Reconsideraton
The repondent is a natve ad citen of Colombia and appels fom a Immigation Judge's
decision dated My 4, 20 0, denying his motion to reopen proceedings. The appeal will be sustained
ad the record W be remaded.
On review, in light of the totality of circumstces presented in this cse we will reopen
procegs ad alow the respondents another opporunit to appea fr a hearng. The respondent
has submitted evdence consisting of a swor afdavit in which he states that he lived at the address
to which te Notice to Apear and notce fr his Dember 3, 2003, heg were sent, yet he did not
receive either notce. He frher indicated that prior to and subsequent to the October 8, 2003, notce
fr his hearing, he experence difclt with his mail deliver and that on several occasions his mail
was incorrectly delivered to his neighbors. Moreover, the respondent appeas to be eligble fr
adjustent of staus. Uview of the totality of cic0cs presente in this case, proe gs W
be reopened, the in asentia order Wbe rescinded, and the case wlbe remanded. See, e.g. Mater
of M-R-A-, 24 I&N Dec. 665 (IA 2008)
ORDE: The appeal is sustained, procedings are reopene, the in absenta order is
rescinded, and the cae is remanded to the Immigaton Judge for fher proceeings consistent with
the above opinion.
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Cite as: Alex Gamboa, A075 924 620 (BIA Feb. 22, 2011)
U.S. DEPARTN OFJUSTC
EccovcOmcc krmuooRcmew
Omo0Im m igdonIudc
(
|n |hc D0U0t U!` Cae No.: P
5 - 9 d f W
- n\oC l
RESPONEN /PPLCf
ORDER OF TE IMMGRATON JUDGE
Upn considration of respondenr's/ap a's

Motion to Reconsider a Uigr8t1on Judge's dc01Ston

0 Mol1on to Reopn proceedgs
fed in the above entitled matter. II is HEREBY ORDERED lD8l te mol1on
PROCEEDIGS
L8l0. __

\[[m. RESERVED/AED ( PI I B )
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