Aguirre, Dario

Aguirre Law Group P.C.

1350 17th Street, Suite 210
Denver, CO 80202-1525
Name: ESPINOZA, ZULEMA
U.S. Department of Justice
Excculive Office for Immigralion Review
Board of Immigration Appeals
O/f ice of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Cli11rch, Virgmia 20530
DHS/ICE Office of Chief Counsel - DEN
12445 East Caley Avenue
Centennial, CO 80111-5663
A 087-679-061
Date of this notice: 8/26/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Holmes, David B.
Sincerely,
DC c wV
Dom1a Carr
Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Zulema Espinoza, A087 679 061 (BIA Aug. 26, 2014)
U.S. Department of Justice
Executive Office for Immigration Review
Falls Church, Virginia 20530
File: A087 679 061 - Denver, CO
Decision of the Board of Immigration Appeals
Date:
In re: ZULEMA ESPINOZA a.k.a. Mayra Gonzalez-Espinoza a.k.a. Janet Zlema-Espinoza
IN REMOVAL PROCEEDINGS
MOTION
ON BEHALF OF RESPONDENT: Dario Aguirre, Esquire
ON BEHALF OF DHS:
APPLICATION: Reopening
Alison R. Kane
Assistant Chief Cowisel
This case was last before the Board on November 23, 2013, when we dismissed the
respondent's appeal of the Immigration Judge's denial of her application fr cancellation of
removal. On April 29, 2014, the respondent fled this untimely motion asking the Board to
reopen her proceedings sua sponte based on changes in law that may affect her eligibility fr
relief. The Department of Homeland Security ("DBS") opposes the motion, which will be
granted. 8 C.F.R. 1003.2(g)(3).
The respondent requests that the Board reopen the proceedings sua sponte based upon
changes in the law as reflected in Ibarra v. Holder, 721 F.3d 1157 (10th Cir. 2013) superseded
by 736 F.3d 903 (10th Cir. 2013), an intervening precedent holding that a violation of Colorado
Revised Statutes section 18-16-40 I is not categorically a crime of child abuse or neglect a
defined in section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C.
1227(a)(2)(E)(i). The Board has held that where there is a change in law relevant to an alien's
proceedings, we may exercise our authority to reopen proceedings sua sponte. 8 C.F.R.
I 003.2(a); Matter ofG-D-, 22 I&N Dec. 1132 (BIA 1999). As the respondent has presented
evidence of a change in law that may impact her eligibility for relief, we will grant the motion.
On remand, the Immigration Judge may receive any additional evidence she deems appropriate
to the fll resolution of this matter. See 8 C.F.R. 1003.30 and 1240. lO(e).
ORDER: The motion to reopen is granted and the record is remanded to the Immigration
Judge for further proceedings not inconsistent with this order and entry of a new decision.

FOR THE BOARD
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Cite as: Zulema Espinoza, A087 679 061 (BIA Aug. 26, 2014)