Escolar Documentos
Profissional Documentos
Cultura Documentos
Department of Justice
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Cynthia L. Crosby
Acting Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John
Userteam: Docket
Cite as: Jose Israel Chavarria-Reyes, A206 274 376 (BIA April 10, 2017)
U.S. De})artment of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review
MOTION
APPLICATION: Reopening
The Board entered the final administrative decision on November 6, 2015, when we dismissed
the respondent's appeal of the Immigration Judge's decision ordering the respondent removed to
Mexico. The respondent now seeks reopening, averring, inter alia, that he was not advised of his
potential eligibility for pre-conclusion voluntary departure pursuant to section 240B(a)(l) of the
Immigration and Nationality Act, 8 U.S.C. 1229c(a)(l) at his hearing. On December 30, 2016,
though denying the respondent's petition for review, the United States Court of Appeals for the
Seventh Circuit recognized that the Immigration Judge did not notify the pro se respondent of this
form of relief. See Chavarria-Reyes v. Lynch, 845 F.3d 275, 278 (7th Cir. 2016). Further, the
Department of Homeland Security has not filed an opposition to the respondent's motion. See
8 C.F.R. 1003.2(g)(3). Under the circumstances, we will remand the record to the Immigration
Judge to reassess the respondent's eligibility for pre-conclusion and post-hearing voluntary
departure under sections 240B(a)(l) and (b)(l) of the Act.
ORDER: The motion to reopen is granted, and the record is remanded to the Immigration Judge
for further proceedings consistent with this order and entry of a new decision.
Cite as: Jose Israel Chavarria-Reyes, A206 274 376 (BIA April 10, 2017)