Figueroa, Ricardo A., Esq. Law Offices of Ricardo A. Figueroa 6101 Cherry Ave, Suite 106 Fontana, CA 92336

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Clerk

5 I 07 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - LOS 606 S. Olive Street, 8th Floor Los Angeles, CA 90014

Name: GALE-VARGAS, BENJAMIN MIL. .. A 205-719-884

Date of this notice: 10/31/2014

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

Enclosure

Panel Members: Hoffman, Sharon Manuel, Elise Guendelsberger, John

· Sincerely,

Donna Carr Chief Clerk

; ;

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

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Cite as: Benjamin Milton Geovani Gale-Vargas, A205 718 884 (BIA Oct. 31, 2014)

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

Decision of the Board of Immigration Appeals

Falls Church, Virginia 20530

File: A205 719 884 - Los Angeles, CA Date: OCT .312014

In re: BENJAMIN MILTON GEOV ANI GALE-VARGAS a.k.a. Benjamin Gale a.k.a. Benjamin Milton Gale

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Ricardo A. Figueroa, Esquire

APPLICATION: Reopening

The respondent, a native and citizen of Guatemala, appeals the decision of the Immigration Judge, dated June 9, 2014, denying his motion to reopen. The Department of Homeland Security has not responded to the appeal.

Upon consideration of the totality of the record, we are satisfied that the respondent has established that the order of removal, entered in absentia on January 13, 2014, should be rescinded under the provisions of section 240(b )(5)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(b)(5)(C)(ii). In particular, the evidence that the respondent has presented on appeal sufficiently establishes that, at the time of his removal hearing, he was being detained at a California county jail as a result of a conviction for a criminal offense. See Matter of Evra, 25 I&N Dec. 79 (BIA 2009). Accordingly, we will reopen these proceedings in order to provide the respondent with an additional opportunity to appear for a removal hearing. The following order is entered.

ORDER: The in absentia order of removal, entered on January 13, 2014, is rescinded, these removal proceedings are reopened, and the record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

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Cite as: Benjamin Milton Geovani Gale-Vargas, A205 718 884 (BIA Oct. 31, 2014)

United States Department of Justice Executive Office for Immigration Review

Immigration Court -- - D

In the Matter of: 811wja..,,,, �,' /JI, //p"f bQk Ua UoS A Number: 7" J..o� 719 3 o <-1

ORDER OF THE IMMIGRATION JUDGE

Upon consWzratioo or ' Mo f .-o '1 f 0 Mt '1 ' it is HEREBY ORDERED that the motion be 0 GRANTED .0(fiENJED ecause:

Immigration Judge

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