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Kazaryan, Areg, Esq. Law Offices of Areg Kazaryan 520 North Central Avenue, Suite 660 Glendale, CA 91203

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, Virginia 20530

OHS/ICE Office of Chief Counsel - HLG 1717 Zoy Street Harlingen, TX 78552

Name: BENITES-MAURISIO, IRIS JEAN ... A 099-679-349

Date of this notice: 4/11/2014

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

Enclosure

Panel Members: Hoffman, Sharon Guendelsberger, John Adkins-Blanch, Charles K.

Sincerely,

DOWtL ct1/v'1.)

Donna Carr Chief Clerk

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Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)

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

Decision of the Board of Immigration Appeals

Fans Church, Virginia 20530

File: A099 679 349 - Harlingen, TX Date: APR 11 2014

In re: IRIS JEANETTE BENITES-MAURISIO a.k.a. Vilma Del Carmen Lopez Marroquin

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Areg Kazaryan, Esquire

APPLICATION: Reissuance

The respondent, a native and citizen of El Salvador, appeals the decision of the Immigration Judge, mailed January 23, 2013, denying her motion to reissue the decision of the Immigration Judge, mailed July 23, 2012, denying her motion to reopen. The Department of Homeland Security has not responded to the appeal.

Considering the totality of the circumstances, including the affidavits from the respondent ·and her counsel, we will sustain the respondent's appeal and remand the record to the Immigration Judge for the limited p�ose of reissuing his decision to deny the respondent's motion to reopen. See generally Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008). If the respondent wishes to appeal the Immigration Judge's reissued decision, a Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26) must be timely and properly filed with this Board in accordance with the applicable federal regulations. See 8 C.F.R. §§ 1003.3, 1003.38. The following order is entered.

ORDER: The respondent's appeal is sustained and the record is remanded to the Immigration Judge for the limited purpose of reissuing his decision, mailed July 23, 2012, denying the respondent's motion to reopen .

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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)

KAZARYAN, AREG, ESQ.

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

2009 W. JEFFERSON AVE, STE 300

HARLINGEN, TX 78550

520 NORTH CENTRAL AVE. SUITE #660

GLENDALE, CA 91203

IN THE MATTER OF FILE A 099-679-349 DATE: Jan 24, 2013

BENITES-MAURISIO, IRIS JEANETTE

UNABLE TO FORWARD - NO ADDRESS PROVIDED

�TTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION

IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS

WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.

SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.

YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST

MUST BE MAILED TO: BOARD OF IMMIGRATION APPEALS

OFFICE OF THE CLERK

P.O. BOX 8530

FALLS CHURCH, VA 22041

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT

OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.

THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE

WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.

SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),

8 u.s.c. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION

TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:

OTHER:

IMMIGRATION COURT

2009 W. JEFFERSON AVE, STE 300

HARLINGEN, TX 78550

IMMIGRATION COURT

CC: ASSISTANT CHIEF COUNSEL

1717 ZOY ST.

HARLINGEN, TX, 785520000

FF

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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)

IN THE MATTER OF

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNTIED STATES IMMIGRATION COURT

HARLINGEN, TEXAS

January JJ_, 2013

Iris Jeanette Benites-Maurisio

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File Number: A 099-679-349

RESPONDENT In Removal Proceedings

APPLICATIONS: Motion to Re-Date and Re-Issue

ON BEHALF OF THE RESPONDENT Areg Kazaryan, Esq. 520 N. Central Ave. Suite 660 Glendale, CA 9 I 203

ON BEHALF OF THE GOVERNMENT Gabriel A. Couriel U.S. Department of Homeland Security 1717 Zoy St. Harlingen, TX 78552

DECISION OF THE IMMIGRATION JUDGE

On July 23, 2012, the Court issued a decision denying the respondent's motion to reopen. The respondent, through counsel, now requests that the decision be re-dated and re-issued in order to file a timely appeal to the Board of Immigration Appeals. The respondent's motion to re­date and re-issue will be denied.

The respondent claims that neither she nor her attorney received the decision from the Court. There is a presumption that a properly addressed notice sent via regular mail is received by the addressee. Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008). But the presumption is weaker with regular mail than with certified mail. Id The Court may consider all relevant evidence to determine whether the presumption has been rebutted. Id The Court file indicates that the decision was mailed to respondent's counsel of record. There is no proof the decision was returned to the Court. Therefore, the respondent's statement that she did not receive the decision is insufficient to overcome the presumption that the decision was received.

Accordingly, the following order shall be entered:

ORDER: The respondent's motion to re-date and re-issue is DENIED.

� 2-z Eleazar Tovar United States Immigration Judge

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Cite as: Iris Jeanette Benites-Maurisio, A099 679 349 (Apr. 11, 2014)