Muro, Roxana V.

, Esq
Law Ofices of Roxana V. Muro
3530 Wilshire Blvd., Suite 1600
Los Angeles, CA 90010
U.S. Department of Justice
Executive Ofce fr Imigration Review
Board of Immigration Appeals
Ofce of the Clerk
5 J 0 7 Leeburg Pike, Suite 2000
Falls Cl111rch, Vrginia 20530
OHS/ICE Ofice of Chief Counsel BAL
31 Hopkins Plaza, Room 1600
Baltimore, MD 21201
Name: SORTO-VIERA, MIRNA ISABEL A 076-316-387
Date of this notice: 6/19/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger, John
Hofman, Sharon
Manuel, Elise
Sincerely,
bo c a
Donna Car
Chief Clerk
williame
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Mirna Isabel Sorto-Viera, A076 316 387 (BIA June 19, 2014)
U.S. Depaent of Justice
Extve Ofc for Igton Rvew
Deo o t B of Im gon A
FalCc Vi 20530
File: A076 316 387-Baltimore, r.
I re: MA ISABE SORTO-VIA
I ROVA PROCEEDIGS
APPEAL
Date:
ON BEHF OF RESPONENT: Rox V. Muro, Esquire
ONBEF OFDHS: MC.L
Assistat Chief Counsel
APLICATON: Reopeing
JUN 19 2014
The respondent, a native and citen of El Savador, was ordere removed in asena on
Febra 13, 2001. On November 20, 2012, the respondent fled a motion to repen
proce gs, which the Immigaon Judge denied on April 11, 2013. The respondent fled a
timely appe of tat deision. The appel will be sustained, proceedings will be reopened and
te rerd wll b rmade.
The Immigation Judge denied the respondent's moton to repen fnding that she h failed
to eslish that she did not receve proper notc fr her Febr 13, 2001, heang. I sppor
of he motion to repen proceeings, the respondent has submitted a afdavit in which it is
indicte t se did not reive notc for her heaing. The reord rees that the respondent
attende multiple pror herings. Morever, it is unclea fom the record cpy of te notice fr
the Febra 13, 2001, heang when i was maled to the respondent. The crfcate of sec
indicates t it wa mailed on Febra 13, 2001, the same date as te heaing and if so, it wa
imprope notic fr te heaing. I view of the totaity of circumstances presente i this ca,
we will allow te respondent aother opportnty to appea fr a hearing.
ORE: The appeal is sustaine, the in absenta order is rescinde, the proce gs ae
reopeed, ad the recrd is remanded to the Imigration Judge fr fer proceedings.
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Cite as: Mirna Isabel Sorto-Viera, A076 316 387 (BIA June 19, 2014)
. .
r

UNITED STATES DEPARTMENT OF JUSTICE
EXCUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
BALTIMOR M
In the matter of SORTO VVIERA, MIRA I. A number: A 076316387
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of the RESPONDENT'S MOTION TO REOPEN ORDER
ENTERED I ABSENTIA BASED ON LACK OF NOTICE, it is HERBY ORDERED
that the motion to DENIED because:
The respondent argues that even though when a second notice of the hearing was sent
with the correct address, it was addressed to the respondent's frmer guadian and not to
the respondent, who had reached majority by that time, ad the frer guadian was not
living at that address at tat time, it is likely that the postal service did not deliver the
letter, because the named frmer guardian was not living there. Te court views tis as
stak speculation. It is more likely that the letter was in fct delivered. The respondent
having claimed to have appeared at 11 previous master calendars and now no long a
minor would be expected to be aware that such a notice would be coming. The
respondent contends that had the notice been received, the respondent would have
qualifed fr TPS, as if the respondent were estopped fom seeking TPS. The order of
removal i absentia was entered on February 13, 2001. The respondent fles this motion
to reopen on November 20, 2012 . .. nearly 11 years later wt no explaation as to the
delay.
04/11/2013
Date vid W. Crosland
Immigration Judge
Certifcate of Serice
This document was served.n 04/15/2013 to
AITOREY ROXANA V. MURO
OHS
ByHCD
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Cite as: Mirna Isabel Sorto-Viera, A076 316 387 (BIA June 19, 2014)