U.S.

Department of Justice
Executive Office for Immigration Review
Board ofImmigration 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

Name: ALVARADO-AVILA, ADRIAN

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.

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Sincerely,

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Adrian Alvarado-Avila, A201 072 243 (Feb. 10, 2016)

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

Sharma-Crawford, Rekha
Sharma-Crawford
515 Avenida Cesar E. Chavez
Kansas City, MO 64108

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

Date:

FEB 1 0 2016

In re: ADRIAN ALYARADO-AVILA

APPEAL
ON BEHALF OF RESPONDENT: Rekha Sharma-Crawford, Esquire
APPLICATION: Reopening
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 ofS-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.

-=

Cite as: Adrian Alvarado-Avila, A201 072 243 (Feb. 10, 2016)
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Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

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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

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.
to submit a brief
You are granted until
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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Immigrant & Refugee Appellate Center, LLC | www.irac.net

Sharma-Crawford Attorneys at Law LLC

Sharma-Crawford, William Michael
515 Avenida Cesar E. Chavez
Kansas City, MO 64108

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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

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Docket: KANSAS CITY IMMIGRATION COURT -

DETAINED

IN

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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
Appeal Due By:

(A/I/B)

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Form EOIR 2 - 2T

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

Case No.: A201-072-243

In the Matter of:

ALVARADO-AVILA, ADRIAN