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Gyires, Marcela Pozo Goldstein, LLP

U.S. Department of Justice

Executive Office for Immigration Review Board of Immigration Appeals Office of the Clerk

5/07 leesh11rg Pike, Suite 2000 Falls Church, Virginia 2204/

2000 SOUTH DIXIE HIGHWAY, SUITE 101 MIAMI, FL 33133

DHS/ICE Office of Chief Counsel - MIA 333 South Miami Ave., Suite 200 Miami, FL 33130

Name: CLAROS-GARCIA, CLAUDIA PA ... A 097-742-486

Date of this notice: 6/7/2016

Enclosed is a copy of the Board's decision and order in the above-referenced case.

Enclosure Panel Members: Grant, Edward R. Adkins-Blanch, Charles K. O'Leary, Brian M.

Sincerely, [)OrutL C l1/VL)

Donna Carr Chief Clerk

Use rte am: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

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Cite as: Claudia Patricia Claros-Garcia, A097 742 486 (BIA June 7, 2016)

U.S. Department of Justice Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

.. Falls Church, Virginia 22041

File: A097 742 486 - Miami, FL In re: CLAUDIA PATRICIA CLAROS-GARCIA IN REMOVAL PROCEEDINGS APPEAL

Date:

ON BEHALF OF RESPONDENT: Marcela Gyires, Esquire ON BEHALF OF DHS: John T. Thompson Assistant Chief Counsel APPLICATION: Reopening

·JUNO 7 1016

The respondent has appealed the Immigration Judge decision dated June 1, 2015, denying her motion to reconsider the Immigration Judge's denial of her motion to reopen. The respondent had previously been ordered removed in absentia for her failure to appear for the hearing on June 3, 2009. The appeal will be sustained, proceedings will be reopened, and the record will be remanded. The Board reviews an Immigration Judge's findings of fact, including credibility determinations and the likelihood of future events, under a "clearly erroneous" standard. 8 C.F.R. § 1003.l(d)(3)(i); Matter ofZ-Z-0-, 26 I&N Dec. 586 (BIA 2015). We review all other issues, including questions of law, judgment, or discretion, under a de novo standard. 8 C.F .R. § 1003.l(d)(3)(ii). The Board possesses discretion to reopen or reconsider cases sua sponte. See 8 C.F.R. § 1003.2(a); see also Matter of G-D-, 22 I&N Dec. 1132 (BIA 1999); Matter of J-J-, 21 l&N Dec. 976 (BIA 1997). Based on the totality of the circumstances in this case, we will grant the respondent's motion to reconsider the denial of her motion to reopen, and we will rescind her in absentia order pursuant to our sua sponte authority. See 8 C.F.R. § 1003.2(a); see also Matter of

J-J-, supra. Accordingly, the following order will be entered. ORDER: The appeal is sustained, the in absentia order of removal is rescinded, the proceedings are reopened, and the record is remanded or further proceedings consistent with the foregoing opinion.

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Cite as: Claudia Patricia Claros-Garcia, A097 742 486 (BIA June 7, 2016)

UNJ�"ED STATES DEPARTMENT OF �TICE EXEr IVE OFFICE FOR IMMIGRATIO .. ···_ffiVIEW IMMIGRATION COURT MIAMI, FLORIDA

IN THE MATTER OF: FILE: A097-742-486 CLAROS-GARCIA, CLAUDIA PATRICIA Teresita Maria Rodriguez, Esq. [ x] IN [REMOVAL] PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE Upon consideration of the Respondent's MOTION TO RECOSIDER IT IS HEREBY ORDERED that the Motion be [ ] GRANTED* [ v{nENIED because:

__ DHS does not oppose the Motion. __ The respondent does not oppose the Motion. __ A response to the Motion has not been filed with the Court. Good cause has been established for the Motion. __ The Court agrees with the reasons stated in the opposition to the Motion. __ The Motion is untimely per _________________ _ __ That the Venue is changed to the Immigration Court at: ______ _

The Alien's current address is: _______________ _

_L__ Other: Al#\ o u.jh fi.\e Cou.ri- a.e-k.no &J (edje.s �e S•j"t6G46'.-l-t:irn 0�14.f-rrf

+:rrie. �.i?rL ff\e. tJTA W4S hlecL w,'� 1',e Col.4t"'1; ff\e. eY!Sf"v& c(e14.,f- '1.a..s ..prw; c:Le cL f\O L'1 ,'cte.«.&.e.. .s k� +.,--,'� cl io u.pd-A-k '1-\e. .,- t1. cld.t""e4'.S ,,,, i-ha.f­* ADJOURNMENT CODE .she teven 4-ppe.a.t"'Ld. a...+� �u.t"'i-a..s

d,'re_e-tecL oW"°' -tt-ie. � -rA. 'he. e..spD.-\d4'C-+ ok+\.-4�.s Deadlines: �ce�,l� +k4- 1-l-rA 4!.""v\. ti,,\n.c....51A... ,+- wa...s per"'$Cv\.4J c, {

.Sit I J eel o,... he.rr. __ The application(s) for relief must be filed by ___________ _ __ The Respondent must comply with DHS biometric instructions by ____ _ Date: _�____./1---1---+-l-•----'-6 __ ���:�# ·o Maria Lopez-EnrlqueiQ 0 Immigration Judge

Certificate of Service This document was served by: [x] Mail [] Personal Service [ x] DHS To: [ x] Alien ] Alien c/o Custodial Officer [ x] Alien's Atttt.i Date: b By: Court Staff: .� --.---------

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