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 22041

OHS/ICE Office of Chief Counsel - LOS

606 S. Olive Street, 8th Floor
Los Angeles, CA 90014

Name: DIAZ SANTANA, FELIPE

A 206-349-898

Date of this notice: 8/18/2016

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

DO>vtL
Donna Carr
Chief Clerk

ca.AA)

Enclosure
Panel Members:
O'Connor, Blair

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Felipe Diaz Santana, A206 349 898 (BIA Aug. 18, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Vasquez, Herlinda Rebeca

The Law Office of H. Rebeca Vasquez
111 Vine Street
Santa Maria, CA 93454

Decision of the Board of Immigration Appeals

U.S. Department of Justice

Executive Office for Immigration Review
Falls Church, Virginia 22041

File: A206 349 898 - Los Angeles, CA

Date:

AUG 1 8 2016

In re: FELIPE DIAZ SANTANA a.k.a. Vicente Santana Garcia

APPEAL
ON BEHALF OF RESPONDENT: Herlinda R. Vasquez, Esquire
APPLICATION: Reopening
The respondent, a native and citizen of Mexico, was ordered removed in absentia on
May 6, 2014. On January 16, 2015, the respondent filed the instant motion to reopen
proceedings, which an Immigration Judge denied on May 18, 2015. The respondent filed a
timely appeal of that decision. The record will be remanded.
The respondent challenges the Immigration Judge's decision and argues that the Immigration
Judge did not consider his arguments presented in his motion to reopen proceedings. The
Immigration Judge's decision consisting of a check list and a sentence which indicates that the
motion was denied because the respondent did not include an application for relief is inadequate
as it fails to include specific findings of fact and substantive analysis addressing the reasons and
claims stated in the respondent's motion to reopen. See Matter ofA-P-, 22 l&N Dec. 468 (BIA
1999); Matter of M-P-, 20 l&N Dec. 786 (BIA 1994), see also Matter of Ruiz, 20 I&N Dec. 91
(BIA 1989). Accordingly, we will return the record to the Immigration Judge to specifically
address the respondent's contentions and for the entry of a new decision.
ORDER: The record is returned to the Immigration Judge for further proceedings consistent
with the above opinion.

FOR THE BOARD

Cite as: Felipe Diaz Santana, A206 349 898 (BIA Aug. 18, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
LOS ANGELES IMMIGRATION COURT
LOS ANGELES, CALIFORNIA

FELIPE DIAZ SANT ANA

AKA VICENTE SANTANA GARCIA,
In removal proceedings,

ORDER OF THE IMMIGRATION JUDGE

Immigrant & Refugee Appellate Center, LLC | www.irac.net

File Nos. A 206-349-898

In the Matter of:

Upon consideration of counsel's Motiont!'.J;';

vll(itis

HEREBY ORDERED that the motion be GRANTED

l:2?_ENIE===- because:
o DHS does not oppose 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.
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o The respondent must comply with DHS biometrictions

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Certificate of Service
"

Christine Stancill

Immigration Judge

This document was served by: 1 Mail [ ] Personal Service

To: [] Alien [ ] Alien c/o Custodial Officer Alien's Atty/Rep NQ)HS

MOTION TO REOPEN IN ABSENTIA ORDER AND STAY OF REMOVAL

FELIPE DIAZ SANTANA
A.K.A VICENTE SANTANA GARCIA
A 206-349-898