Edward, Carol L., Esq.

t:.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Qffice of the Clerk

5/07 Leesbrtrg Pike. Suite ~000 Falls Church. Virginia 2104 I

Law Offices of Carol L. Edward & Assoc., P.S.

DHS/ICE Office of Chief Counsel- LVG 3373 Pepper Lane Las Vegas, NV 89120

500 Denny Way Seattle, WA 98109

Name: PINTO-REYES, ISELA GUADAL ... A 041-623-357

Date of this notice: 1/31/2013

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

Enclosure

Panel Members: Malphrus, Garry D. Holmes, David B. Guendelsberger, John

Sincerely,

OonrtLt!aAAJ Donna Carr Chief Clerk

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Cite as: Isela Guadalupe Pinto-Reyes, A041 623 357 (BIA Jan. 31, 2013)

PINTO-REYES, ISELA GUADALUPE P. 0. BOX 1981 EVERETT, WA 98206

ES. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Clerk

5107 Leesburg Pike. Suite 1000 Falls Church. Virginia 2104/

DHS/ICE Office of Chief Counsel- LVG 3373 Pepper Lane Las Vegas, NV 89120

Name: PINTO-REYES, ISELA GUADAL... A 041-623·357

Date of this notice: 1/31/2013

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. Your attorney or representative has been served with this decision pursuant to 8 C.F.R. § 1292.5(a). If the attached decision orders that you be removed from the United States or affirms an Immigration Judge's decision ordering that you be removed, any petition for review of the attached decision must be filed with and received by the appropriate court of appeals within 30 days of the date of the decision.

Enclosure

Panel Members: Malphrus, Garry D. Holmes, David B. Guendelsberger, John

Sincerely,

Oon.nLC!a/lAJ Donna Carr Chief Clerk

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Cite as: Isela Guadalupe Pinto-Reyes, A041 623 357 (BIA Jan. 31, 2013)

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

Decision oftbe Board oflmmigration Appeals

22041

File: A041 623 357- Las Vegas, NV Date: JAN 312013

In re: ISELA GUADALUPE PINTO-REYES a.k.a. Isela Guadalupe Mendoza

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Carol L. Edward, Esquire

ON BEHALF OF DHS:

APPLICATION: Reopening

Charles W. Baccus Assistant Chief Counsel

On May 12, 2008, the respondent filed a motion in Immigration Court to reopen and terminate removal proceedings. On May 23, 2008, the Immigration Judge granted the respondent's motion. Thereafter, the Department of Homeland Security ("DHS") filed a motion to reconsider, which was denied on July 9, 2008. The DHS appeal from the Immigration Judge's denial of its motion to reconsider, which was initially sustained by the Board in a decision dated December 30, 2009, is presently before the Board upon remand from the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit directed that the Board further consider whether the Immigration Judge had jurisdiction to reopen the respondent's removal order in light of subsequent Ninth Circuit precedent. Based upon the totality of the circumstances in this case and recent decisions of the Ninth Circuit, we dismiss the DHS appeal and vacate our prior decision in this case.

ORDER: The DHS appeal is dismissed and removal proceedings are terminated.

FURTHER ORDER: The Board's December 30,2009, decision sustaining the DHS appeal is vacated.

Board Member Garry D. Malphrus respectfully dissents without opinion.

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Cite as: Isela Guadalupe Pinto-Reyes, A041 623 357 (BIA Jan. 31, 2013)