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ROBERT M. BIRACH, ESQUIRE

Charoos, Giovan & Birach, LLP
645 Griswold, Suite 1800
Detroit, Ml 48226
Name: ALMASRI, RABIH
U.S. Department of Justice
Executive Ofce fr Immigation Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesbur Pike. Suite 2000
Fals Church. Vrginia 2204/
OHS/ICE Ofice of Chief Counsel DET
333 Mt. Elliott St., Rm. 204
Detroit, Ml 48207
A075-15-097
Date of this notice: 3/25/2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Miller, Neil P.
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Rabih Almasri, A075 415 097 (BIA March 25, 2011)
For more unpublished BIA decisions, visit www.irac.net/unpublished

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U.S. Jpartment of Justice
E)ecutve Ofce fr Imigration Revew
. Decision of te Board of Imigaton Appeals
Falls Chuch Virginia 22041
File: A075 415 097 - Detoit, M
I re: RI ALMASRI
I RMOVAL PROCEEDIGS
MOT10N
Date:
ON BEHALF OF RESPONDENT: Rober M. Birach, Esquire
ON BEHALF OF DHS: Theresa Bross
Assistat Chief Counsel
APPLICATION: Reopening
MAR 2 5 20ft
On Setember 17, 2010, the Boad dismissed te respondent's appeal fom the Im igaton
Judge' September 1, 2009, decision denying his application fr cacellation of removal under
section 240A(a) of te Immigation and Nationalit Act, 8 U.S.C. 1229b(a). On December 13,
2010, te respondent fled this timely motion to reopen. See section 240(c)(7) of the Act, 8 U.S.C.
1229a(c)(7); 8 C.F.R. 1003.2(c). The Depaent of Homeland Securt opposes the motion.
The Boad will gat te motion and remad the record to te Imigation Judge.
The Imigtion Judge noted te respondent's "considerable equities," but also considered the
respondent's "sigifcat adverse fctors," including his criminal history, ad deterined tat te
respondent did not merit the desired relief as a matter of discretion. See Imigation Judge's
Decision at 8-10. I reaching his decision, te Imigation Judge emphasized that the respondent
ofered minimal evidence to coroborate key elements of his claims relating to his residency,
hadship, assets, ad rehabilitaton.
Te respondent seeks reopening based on a claim of inefective assistace of counsel aganst
his frer attorey. He specifcally agues that his frer attorey did not infr him tat he
needed to prove that he merted te relief as a matter of discretion, ad that she failed to infr h
of the tye of evidence required to prove tat he is desering of a fvorable exercise of discretion.
Wit this motion, the respondent has ofered evidence of his compliace wit te procedural
requirements fr a inefective assistance of counsel clam. See Ssajje v. Ashcrof, 350 F.3d 528,
533 (6t Cir. 2003); Matter of Lozada, 19 I&N Dec. 637 (BI 1988).
The respondent has also ofered evidence tat he eaed income in 2009, and tat he fled income
ta rets in 2007 and 2008. Furher, he has ofered a leter fom Yemen Arab Aerca Center
fr Economic ad Social Service attesting to community service, ad a letter fom the mother of this
United States citizen children describing his chaacter.
,

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Cite as: Rabih Almasri, A075 415 097 (BIA March 25, 2011)

M
101s 4ts 097
The letter fom te mother of the respondent's children reveas that the respondent becae the
paent of hs third United States citizen child afer the Im igation Judge's decision. See Exhibit 6.
I light of this new evidence, the additional evidence pertaning to the respondent's chaacter, ad
the respondent's "considerable equities" a noted by te Imigation Judge, we will gant ts timely
motion to reopen. Accordingly the motion to reopen will be ganted, ad te record remaded to the
Imigation Judge fr fher consideration of the respondent's equities in conjunction with his
application fr relief.
ORER: Te motion to reopen is ganted.
FURTER ORER: The record is remanded to the Imigaton Judge fr fer proceedings
consistent wit tis order.

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Cite as: Rabih Almasri, A075 415 097 (BIA March 25, 2011)