Carrillo, Charlie Ezra Carrillo & Carrillo, LLC 259 W. Patrick Street Frederick, MD 21701

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, l'irginia 20530

OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

Name: CENTENO-VALLE, EDDIE MIGUEL A 088-017-849

Date of this notice: 12/19/2014

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

Enclosure

Panel Members: Malphrus, Garry D. Hoffman, Sharon Mann. Ana

Sincerely,

Donna Carr Chief Clerk

Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

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Cite as: Eddie Miguel Centeno-Valle, A088 017 849 (BIA Dec. 19, 2014)

CENTENO-VALLE, EDDIE MIGUEL A088-017-849 FREDERICK COUNTY DETENTION 7300 MARCIES CHOICE LANE FREDERICK, MD 21704

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Clerk

5/07 leesb11rg Pike. S11ite 2000 Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

Name: CENTENO-VALLE, EDDIE MIGUEL A 088-017-849

Date of this notice: 12/19/2014

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.S(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. Hoffman, Sharon Mann, Ana

Sincerely,

DCinnL c l1/VL)

Donna Carr Chief Clerk

Userteam:

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Cite as: Eddie Miguel Centeno-Valle, A088 017 849 (BIA Dec. 19, 2014)

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

Decision of the Board of Immigration Appeals

Falls Church, Virginia 20530

File: A088 017 849 - Baltimore, MD

In re: EDDIE MIGUEL CENTENO-VALLE

IN REMOVAL PROCEEDINGS

APPEAL

Date:

ON BEHALF OF RESPONDENT: Charlie Ezra Carrillo, Esquire

APPLICATION: Reopening

DEC 19 2014

The respondent, a native and citizen of Honduras, appeals from an Immigration Judge's decision dated August 7, 2014, denying the respondent's motion to reopen his removal proceedings, which were conducted in absentia on August 14, 2007. The respondent's appeal will be sustained and the record will be remanded.

·

The record reflects that the notice of hearing (''NOH") for the respondent's August 14, 2007, removal hearing incorrectly listed the zip code for the respondent's address as "78140," rather than the zip code recorded in a notice from the Office of Refugee Resettlement, "20794." Further, the certificate of service on the NOH reflects that it was mailed to the respondent on August 14, 2007-the same day that the Immigration Judge entered the in absentia order. As such, the record demonstrates that the respondent cannot be charged with having received proper notice of his removal hearing. 8 C.F .R. § I 003 .26( d) (providing that written notice to the alien shall be considered sufficient if it was sent to the most recent address provided by the alien); Matter ofG-Y-R-, 23 I&N Dec. 181, 191 (BIA 2001). See also Sembiring v. Gonzales, 499 F.3d 981, 988 (9th Cir. 2007) (holding that "non-receipt may be shown by a single piece of evidence, such as when evidence shows that an incorrect address was used"); Busquets-Jvar v. Ashcroft, 33 3 F .3d 1008, 1010 (9th Cir. 2003) (finding an incorrect zip code is sufficient proof of improper mailing to dispute that receipt occurred). Under the circumstances, we find that it is appropriate to sustain the appeal and remand the record to the Immigration Judge for further proceedings. Accordingly, we will enter the following orders.

ORDER: The respondent's appeal is sustained.

FURTHER ORDER: The Immigration Judge's decisions of August 7, 2014, and August 14, 2007, are vacated, the in absentia order is rescinded, the proceedings are reopened, and the record is remanded to the Immigration Judge for further proceedings.

FURTHER ORDER: The respondent's emergency stay request is denied as moot.

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Cite as: Eddie Miguel Centeno-Valle, A088 017 849 (BIA Dec. 19, 2014)

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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT 31 HOPKINS PLAZA, ROOM 440

BALTIMORE, MD 21201

Carrillo & Carrillo,LLC Carrillo, Charlie Ezra 129 West Patrick Street Suite 7 Frederick, MD 21701

Date: Aug 8, 2014

File A088-017-849

In the Matter of: CENTENO-VALLE EDDIE MIGUEL

�--- Attached is a copy of the written decision of the Irnrnigration 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.

� ---brief in opposition to the appeal.

to submit a

Zposing counsel is granted until

nclosed is a copy of the order/decision of the Irnrnigration Judge.

All papers filed with the Court shall be accompanied by proof of service upon opposing counsel.

Sincerely,

Immigration Court Clerk cc: DHS, ICE, OFFICE OF THE CHIEF COUNSEL

31 HOPKINS PLAZA 16TH FLOOR BALTIMORE, MD 212010000

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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT BALTIMORE, MARYLAND

In the Matter of: CENTENO-VALLE, EDDIE MIGUEL A Number: 088-017-849

ORDER OF Il\1MIGRATION JUDGE

Upon consideration of RESPONDENT'S MOTION TO RESCIND JN ABSEN11A REMOVAL ORDER, REOPEN REMOVAL PROCEEDINGS, AND REQUEST FOR ST A Y OF REMOVAL� That the motion be o GRANTED �D because:

o DHS does not appose the motion. o The respondent does not oppose the motion. o A response to the motion has not been filed with the court. o Good cause has been established for the motion. o The court agrees with the reasons stated in the opposition to the motion. o The motion is untimely per . �er: � � �����

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Date ? _ I u & � � �- I Immig1iltion Judge

C!�ificate of Service This document was served by: \l\J.1,Mail []Personal Service

To: []Alien []Alien c/o Custodian Officer tf\AJien's Atty./Rep. [1-J\ DHS

Date: '8 �� \d-mi-..\ By: Court Staff �

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