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Juliana G. Lamardo, Esq.

Revilla Law Firm, P.A.


2250 SW 3rd Ave., Ste 501
Miami, FL 33129
Name: ANARIBA, RONY RENE
U.S. Department of Justice
Executive Ofice fr Imigration Review
Board of Immigration Appeals
Ofice of the Clerk
J!07Lee30wke,5u|e2000
ztChurch, |/r/n/u 201!
OHS/ICE Ofice of Chief Counsel - ORL
3535 Lawton Road, Suite 100
Orlando, FL 32803
A 095-094-694
Date of this notice: 11/16/2012
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Hofan, Sharon
Sincerely,
/C C aA
Donna Car
Chief Clerk
Lulseges
Userteam: Docket
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Cite as: Rony Rene Anariba, A095 094 694 (BIA Nov. 16, 2012)
ANARIBA, RONY RENE
A095-094-694
3900 NORTH POWERLINE ROAD
POMPANO BEACH, FL 33073
Name: ANARIBA, RONY RENE
U.S. Department of Justice
Executive Ofce for Immigration Review
Board of Immigration Appeals
Office of the Clerk
J!v/Lr0u@/&.urk2000
ztChurch, |/rg/ntu J0!
OHS/ICE Ofice of Chief Counsel - ORL
3535 Lawton Road, Suite 100
Orlando, FL 32803
A 095-094-694
Date of this notice: 11/16/2012
Enclosed is a copy of the Board's decision i the above-referenced case. This copy is being
provided to you as a courtesy. Your attorey or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the atached decision orders that you be
removed fom 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:
Adkins-Blanch, Charles K.
Guendelsberger, John
Hofman, Sharon
Sincerely,
|C CO
Donna Carr
Chief Clerk
Lulseges
Useream: Docket
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Cite as: Rony Rene Anariba, A095 094 694 (BIA Nov. 16, 2012)
U.S. Deparent of Justice
Executve Ofce fr Imigation Review
Decision of the Board of Imigration Appeals
Falls Church, Virginia 22041
File: A095 094 694 - Orlando, FL Date:
I re: RONY RENE ANAA a.k.a. Rony Anariba Bustillo
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Juliana G. Laardo, Esquire
ON BEHALF OF OHS: Alexandra Rivas
Assistant Chief Counsel
APPLICATION: Reopening
ORDER:
NOV 8ZJ!Z
The respondent's appeal of the decision of the Immigation Judge, dated August 22, 2012,
denying his motion to reopen is sustained, these removal proceedings are reopened, and the record
is remanded to the Immigation Court fr fher proceedings. Te Notice to Appear and the
evidence that the respondent submitted with his motion corroborate his counsel's claim that he
previously resided in apartent W-27 i Jacksonville, Florida. However, the Notice of Heaing was
sent to apartent W-7. As the Notice of Heaing not properly addressed, we conclude that it
is appropriate to rescind the order of removal, entered in absentia on September 26, 2006, and
provide the respondent with an additional opporunity to appea befre an Immigation Judge. See
section 240(b)(S)(C)(ii) of the Immigaton and Natonality Act, 8 U.S.C. 1229a(b)(S)(C)(ii).

FOR THE BOARD
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Cite as: Rony Rene Anariba, A095 094 694 (BIA Nov. 16, 2012)

' M

UITED STATES DEPARTMENT OF JUSTICE


EXECUTIV OFFICE FOR IMIGRTION REVIEW
IMIGRATION COUT
REVILLA LAW FIRM, PA
LOMBARDO, JULIANA G. , ESQ.
2250N SW o AV, #501
MIAI, FL 33129
IN THE MTTER OF
AAIBA, RONY REE
3535 LAWTON ROAD, SUITE 200
ORLDO, FL 32803
FILE A 095-094-694
UNABLE TO FORWARD - NO ADDRESS PROVIDED
DATE: Aug 22, 2012
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION
IS FINAL UNLESS AN APEAL IS FILED WITH THE BOAR OF IMIGRATION APPEAS
WITHIN 30 CALENAR DAYS OF TE DATE Q# THE MAILING L THIS WRITTE DECISION.
SEE THE ENCLOSED FORMS INSTRUCTIONS FOR PROPERLY PREPARING YOU APPEA.
YOUR NOTICE OF APPEA, ATTACHED DOCUMETS, FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO: BOA OF IMIGRTION APPEALS
OFFICE OF TH CLERK
P.O. BOX 8530
FALS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMIGRATION JUDGE AS THE RESULT
OF YOUR FAILURE TO APPEA AT YOU SCHEULED DEPORTATION OR REMOVA HEAING.
THIS DECISION IS FINA UNLESS A MOTION TO REOPE IS FILED IN ACCORDANCE
WITH SECTION 242B(c) (3) OF THE IMIGRTION P NATIONAITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 .L.. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE 1 MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
zes
IMIGRATION
3535 LWTON
ORDO, FL
'.
o aorzo ro aaorm.
CC: OFFICE OF THE CHIEF COUSEL
3535 LAWTON H, SUITE 100
ORLO, FL, 32803
\
'"+
COURT
ROA, SUITE
32803
COERK
200
IMIGRTION COURT FF


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'
.. M
In the Matter of:
AARIBA, RONY RENE
U.S. DEPATMET OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMIGRATION COURT
3535 LAWTON ROA, SUITE 200
ORLADO, FL 32803
case No.: A095-094-694
,
;.
Docket: ORDO, FLORIDA
RESPONDENT
IN REMOVA PROCEEDINGS
ORDER OF THE IMIGRTION JUDGE
Upon consideration of RESPONDENT
{ Motion to Reconsider a Immigration Judge's decision
. Motion
.
to Reopen proceedings
filed in the above entitled matter, it is hereby ordered that the motion
Granted .

. Be Denied for reasons indicated in the attached decision


Appeal: NO APPEAL (A/I/B)
Appeal Due By:
THIS DOCUNT WAS SERVD MAIL
TO:
[ l ] ALIEN c/o CUsto

Immigration Judge
Date: _
E OF SERVICE
(M) PERSONAL
al Officer ATT/REP
DATE: BY: COUT STAFF

[ l EOIR-33
[ l EOIR-28 [ l
Legal Services List [ l
Form EOIR 2 - 2T
\;
, . '
DHS
Other
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#
..

ATACHMENT "A"
The Cour agrees with the reasons stated in the opposition to the
Respondent's motion.
The Respondent has failed to demonstrate that he ]she did not
receive the notice for the hearing or that his failure to appear was
because of exceptional circumstances.
The Court agrees with the Deparment of Homeland Security that the
Respondent waited too long to file the motion. The Motion was filed
out of time and the Court declines to reopen the Respondent's case as
a matter of discretion.
See 8 C.F.R. section I00s(b}(4}(l|}
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UNITED STATES DEPARTMENT OF JSTICE


EXECUTIVE OFFICE FOR IMIGRATION REVIEW
IMMIGRATION COURT
I THE MATR OF:
ANARIBA, RON RENE
REMOVAL PROCEEDINGS
ORLANDO, FLORIDA
:
:
:
:
:
:
File No. A#095-094-694

ORDER OF THE IMIGRTION JUDGE


Upon consideration of the Respondent's Motion to Reopen to Rescind in Absentia and Request fr a Stay of Removal
nB t " I 3 c l t i, it is HRBY ORDED that the motion he
D GRANTEDENIED because:
D DHS Does not oppose the motion.
D The Respondent does not oppose the motion.
0
A response to the motion has not been fed with the COUO.
D Good cause has been established fr the Motion.
K
The court agrees with the reasons stated in the opposition to the motion.
D The motion is untimely per
.
I ' h'V

Other
e. R-UM @O J do- l' '
Deadlines: kPOve O J hQlt g ' lt. t
g_g +y|; filQ>
D The applicafion(s) for relief must he filed by
<

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Dat I Honorable Immigation J



c h e
====,,,,,,,,,===, Q o) K
Certificate of Serice

This Document was served by: Mail [ , P_al Service
CO
' &
To: [ , A [ lien c/o tutodial Ofcer Alien's A p OHS gc
Date:

y
:

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