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

Name: ALVARADO-AVILA, ADRIAN

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration 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

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.

Enclosure

Panel Members:

Grant, Edward R.

Sincerely,

DorutL ctlftA) Donna Carr Chief Clerk

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

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Cite as: Adrian Alvarado-Avila, A201 072 243 (Feb. 10, 2016)

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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

In re: ADRIAN ALY ARADO-A VILA

IN REMOVAL PROCEEDINGS

APPEAL

Date:

ON BEHALF OF RESPONDENT: Rekha Sharma-Crawford, Esquire

APPLICATION: Reopening

FEB 1 0 2016

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 of S-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.

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Cite as: Adrian Alvarado-Avila, A201 072 243 (Feb. 10, 2016)

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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

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

Date: Nov 17, 2015

File A201-072-243

In the Matter of: ALVARADO-AVILA, ADRIAN

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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.

You are granted until to submit a brief 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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In the Matter of:

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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

Case No.: A201-072-243 ALVARADO-AVILA, ADRIAN

Docket: KANSAS CITY IMMIGRATION COURT -DETAINED

IN �emova-1 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 (A/I/B) Appeal Due By:

Form EOIR 2 - 2T

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