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Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
Fals Church, Virginia 20530
CACERES-CHACON, ELISA MARSELL Y
1115-A CARLIN STREET
OHS/ICE Office of Chief Counsel - SNA
8940 Fourwinds Drive, 5th Floor
SIMI VALLEY, CA 93065 San Antonio, TX 78239
Name: CACERES-CHACON, ELISA MA ... A 098-487-209
Date of this notice: 11/8/2013
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Manuel, Elise
Grant. Edward R.
Sincerely,
Do c l
Donna Carr
Chief Clerk
Useream: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Elisa Marbelly Caceres-Chacon, A098 487 209 (BIA Nov. 8, 2013)
U.S. Deparmentof Justice
Executive Ofce fr Imigation Review
Falls Church, Virginia 22041
File: A098 487 209 - San Antonio, TX
In re: ELISA MARBELL Y CACERES-CHACON
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RSPONDENT: Pro se
APPLICATION: Reopening
Decision of te Boad of Imigation Appeals
Date:
NOV -8 2013
The respondent has appealed fom the Immigation Judge's decision dated April 25, 2013.
The Immigation Judge denied the respondent's motion to reopen proceedings in which she was
ordered removed in absentia. We review a Immigration Judge's fndings of fct fr clear eror,
but questions of law, discretion, and judgment, and all other issues in appeals, are reviewed de
novo. 8 C.F.R. I 003.1 (d)(3)(i),(ii). On de novo review, in light of the totality of the
circumstances presented in this matter, we will sustain the appeal ad reopen the proceedings
and allow te respondent another opportunity to appear fr a hearing. Accordingly, the
fllowing order will be entered.
ORDER: Te respondent's appeal is sustained, the respondent's November 23, 2004,
removal order is vacated, the proceedings are reopened, and the record is remanded to the
Immigration Cou fr fher proceedings con stent with the fregoing opinion and the entry of
a new decision.
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Cite as: Elisa Marbelly Caceres-Chacon, A098 487 209 (BIA Nov. 8, 2013)
UITED STATES DEPATMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
800 DOLOROSA STREET-SUITE 300
SA ATONIO, TX 78207
CACERES-CHACON, ELISA MARBELLY
1115-A- CALIN ST.
SIMI VALLEY, CA 93065
IN THE MATTER OF FILE A 098-487-209
CACERES-CHACON, ELISA MARBELLY
LE TO FORWAD - NO ADRESS PROVIDED
DATE: May 1, 2013
TACHED IS A COPY OF THE DECISION OF THE IMIGRTION JUDGE. THIS DECISON
IS FINAL UNLESS A APPEAL IS FILED WITH THE BOA OF IMIGRATION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION .
. SEE THE ENCLOSED FORMS AD INSTRUCTIONS FOR .PROPERLY PREPAING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AD FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO: BOAD OF IMMIGRTION APPEALS
OFFICE OF THE CLERK
P.O. BOX 8530
FALLS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUGE AS TE RESULT
OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMMIGRATION AD 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:
IMMIGRATION COURT
800 DOLOROSA
CC: DISTRICT COUSEL
8940 FOUWINDS DR., STH FLOOR
SA ATONIO, TX, 782971939
IMMIGRTION COUT FF
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:
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
800 DOLOROSA STREET, SUITE 300
SAN ANTONIO, T 78207
I THE MATTER OF
CACERS-CHACON,
ELISA MARELL Y
RESPONENT
PROSE
I RMOVAL PROCEE
D
'
INGS
)
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Case No. A098-487-209
CHARGE: Section 212(a)(6)(A)(i) of the Immigation ad Nationality Act, as
amended: Alien present in the United States witout being admited or
paroled.
APPLICATION: 8 C.F.R. 1003.23(b): Motion to reopen
ON BEHALF OF THE RSPONDENT
Elisa Mabelly Caceres Chacon
PROSE
1115-A Calin St.
Simi Valley, CA 93065
ON BEHALF OF THE GOVERNMNT
U.S. Immigration & Customs Enfrcement
Ofce of Chief Cousel
8940 Fouwinds Drive, 5th Floor
Sa Antono, TX 78239
WRTTEN DECISION & ORDER OF THE IMMIGRATION JDGE
I. Procedural History
The respondent is a twenty-thee-year-
o
ld fmale, native and citizen of Honduas, who
a ived in te United States at or near Eagle Pass, Texas, on or about September 2, 2004. See
Exhibits I, 2. On September 3, 2004, the Deparment of Homelad Security (DHS) personally
served the respondent with a Notice to Appea (NTA), chaging her as removable pusuat to
section 212(a)(6)(A)(i) of the Immigration and Nationality Act (th .9t), . an4ed, a an alien
present in the United States wthout admission or parole. Exhit 1.
The NTA contains a section titled "Failure t o appear" tat specifes, inter alia, the
consequences of filing to appea fr any scheduled hearings. Id. The NT A refects that the
respondent wa advised of the consequences of non-appearance in the Spanish lagage. Id.