U.S.

Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals
Office of the Clerk
5107 Leesburg Pike. Suite 2000
Falls Church, Virginia 22041

OHS/ICE Office of Chief Counsel - WAS

1901 S. Bell Street, Suite 900
Arlington, VA 22202

Name: GREEN, CARLTON ANTONY

A 300-321-132

Date of this notice: 9/19/2016

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

bonrtL cwV\J
Sincerely,

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.

Usertea m: Docket

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www.irac.net/unpublished/index/
Cite as: Carlton Anthony Green, A300 321 132 (BIA Sept. 19, 2016)

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

GREEN, CARLTON ANTONY

OHS/ICE KROME NORTH SPC
18201 SW 12TH STREET
MIAMI, FL 33194

U.S. Der,artment of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A300 321 132 - Arlington, VA

Date:

In re: CARLTON ANTHONY GREEN

SEP 1 9 2016

APPEAL
ON BEHALF OF RESPONDENT: Pro se
ON BEHALF OF DHS: Bethany A. Allen
Assistant Chief Counsel
APPLICATION: Reopening

The respondent is a native and citizen of Jamaica who was ordered removed from the United
States in absentia on April 1, 2014. On March 4, 2015, the respondent filed the instant motion to
reopen, which an Immigration Judge denied in a summary order dated March 31, 2015. The
respondent filed a timely appeal of that decision, which the Department of Homeland Security
("DHS") opposes. The record will be remanded. 1
The respondent argues on appeal that he was never served with a Notice to Appear, that he
was represented by an attorney who did not advise him that he was in removal proceedings, and
that he was ordered removed from the United States even though he was not aware that'he had
been placed in removal proceedings (Respondent's Brief and Motion). The respondent also
argues on appeal that even though he is aware that he is timely barred from filing an in absentia
motion, he is nonetheless eligible for sua sponte reopening of his proceedings (Id.).
The Immigration Judge's summary order is limited to a checklist and a sentence indicating
that the respondent "[f]ails to meet the requirements for reopening" and that his motion is
"defective." We find the Immigration Judge's summary order inadequate as it lacks specific
findings of fact and substantive analysis addressing the reasons stated in the respondent's
motion. See Matter of A-P-, 22 l&N Dec. 468 (BIA 1999); Matter of M-P-, 20 I&N Dec. 768
(BIA 1994). As such, we will return the record to the Immigration Judge to specifically address
the respondent's contentions and for the entry of a new, full decision.
Upon preparation of the new decision, the Immigration Judge shall issue an order
administratively returning the record to the Board. The Immigration Judge shall serve the
administrative return order on the respondent and the DHS. The Board shall thereafter give the
parties an opportunity to submit briefs in accordance with the regulations.
The respondent also filed a motion with the Board seeking reopening, a remand, and a stay of
removal. We denied the motion for a stay of removal in an order dated April 29, 2015.
1

Cite as: Carlton Anthony Green, A300 321 132 (BIA Sept. 19, 2016)

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

IN REMOVAL PROCEEDINGS

A300 321 132

Accordingly, the following order shall be entered.
ORDER: The record is returned to the Immigration Judge for further proceedings consistent
with the foregoing.

2
Cite as: Carlton Anthony Green, A300 321 132 (BIA Sept. 19, 2016)

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

__,,....., ..

The Cardona Law Firm, LLC

Cardona, James E
1012 West Main Street
Leesburg, FL 34748
Date:

'-1-1 - ;)015

File A300-321-132
In the Matter of:
GREEN, CARLTON ANTONY

Attached is a copy of the written decision of the Immigration 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.
Opposing counsel is granted until ______ to submit a
brief in opposition to the appeal.
Enclosed is a copy of the order/decision of the Immigration Judge.
All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
Sinc
eretl
c

cc: BETHANY ALLEN

1901 S. BELL STREET, 9TH FL.
ARLINGTON, VA 22202

<2

lrnCJr

Immigration Court Clerk

Cite as: Carlton Anthony Green, A300 321 132 (BIA Sept. 19, 2016)

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

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
1901 S. BELL STREET, SUITE 200
ARLINGTON, VA 22202

;P .

..

...

.:..

.
'

Case No.: A300-321-132

In the Matter of:

GREEN, CARLTON ANTONY

Docket: ARLINGTON, VIRGINIA

RESPONDENT

IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of RESPONDENT

{

Motion to Reconsider an Inunigration Judge's decision

( /Motion to Reopen proceedings

filed in the above entitled matter, it is hereby ordered that the motion
ted

Denied for reasons indicated below()

Appeal: NO APPEAL
Appeal Due By:

(A/I/8)

Immigratio
Date:

OF SERVICE
CERTIFIC
THIS DOCUMENT WAS SERVED BY: MAIL
) PERSONAL SERVICE@)
TO: [) ALL
A),rN c/o Custo 1al Officer
ien's ATT/REP
_.,, - /
BY: COURT STAFF
DATE:
Attachments: [ ] EOIR-33 ( ] EOIR-28
Services List

z)

Form EOIR 2 - 2T

Cite as: Carlton Anthony Green, A300 321 132 (BIA Sept. 19, 2016)

-!?DHS

[ J Other

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

U.S. DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
1901 S. BELL STREET, SUITE 200
ARLINGTON, VA 22202

United States Department of Justice

Executive Office for Immigration Review

Arlington Immigration Court

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of: Carlton Anthony Green 's Motion to Re- and Change Venue , it is
HEREBY ORDERED that the motion be D GRANTED 7;;;1ED because:
0
D
CJ
D
0

OHS does not oppose the motion.

The respondent does not oppose the motion.
A response to the motion has not been filed with the court.
Good cause has been established for the motion.
The court agrees with the reasons stated in the opposition to the motion.

Vr;;.: r:11o z:nu

o

Deadlines:

0
D

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

In the Matter of: CARLTON ANTHONY GREEN A# 300-321-132

7)n/

The application(s) for relief must be filed by _________

The respondent must comply with OHS biometrics instructions by ___.

/ L'1
Certifi9tf Service
This document was served by: Mail t..Y Person
ice

' r?f}oHS
lien
Alien c/o Custodial Officer [
Alien's
To:
[
Lt-.,,,(- I
By: Co Staff {!f:i ( ():) C(
Date:

31

Cite as: Carlton Anthony Green, A300 321 132 (BIA Sept. 19, 2016)