Foden, Mary, Esq.

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office ofthe Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

Law Office of Maria Luisa de Castro Foden, LLC.

OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728 Boston, MA 02114

107 Oak St. Hartford, CT 06106

Name: VALLE-MENDIETA, WILLIAM AR. .. A 097 -656-455

Date of this notice: 9/22/2014

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

Enclosure

Panel Members: Hoffman, Sharon

Sincerely,

Dc.yuu_ c t2.,;i.A)

Donna Carr Chief Clerk

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

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Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014)

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

VALLE-MENDIETA, WILLIAM ARMANDO A097-656-455

OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728

SU FFOLK COUNTY Boston, MA 02114 20 BRADSTON ST BOSTON, MA 02118

Name: VALLE-MENDIETA, WILLIAM AR .. . A 097-656-455

Date of this notice: 9/22/2014

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. Your attorney or representative has been served with this decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be removed from the United States or affirms an Immigration Judge's decision ordering that you be removed, any petition for review of the attached decision must be filed with and received by the appropriate court of appeals within 30 days of the date of the decision.

Enclosure

Panel Members:

Hoffman, Sharon

Sincerely,

Dc-nn.L C wvV

D01ma Carr Chief Clerk

Userteam:

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Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014)

: U.S. Department of Justice , Executive Office for Immigration Review

Falls Church, Virginia 20530

File: A097 656 455 - Boston, MA

In re: WILLIAM ARMANDO VALLE-MENDIETA

IN REMOVAL PROCEEDINGS

APPEAL

Decision of the Board oflmmigration Appeals

Date:

ON BEHALF OF RESPONDENT: Mary Faden, Esquire

APPLICATION: Reopening

The respondent, a native and citizen of Ecuador, appeals the decision of the Immigration Judge, dated May 29, 2014, denying his motion to reopen.

The Immigration Judge's decision, which has been hand-written on the cover page of the respondent's motion, does not meaningfully make any findings of fact or law regarding the merits of the respondent's claim. See Matter of M-P-, 20 I&N Dec. 786 (BIA 1994) (holding that an Immigration Judge's decision must identify and fully explain the reasons for the denial of a motion to reopen); see also Matter of S-H-, 23 I&N Dec. 462 (BIA 2002) (finding that, because the Board's fact finding ability on appeal is limited, it is important for Immigration Judges to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law).

Accordingly, the record will be returned to the Immigration Judge for preparation of a full type-written decision that clearly articulates his rationale for denying the respondent's motion. Upon preparation of the full 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 Department of Homeland Security. The Board will thereafter give the parties an opportunity to submit briefs in accordance with the regulations. Accordingly, the following order shall be entered:

ORDER: The record is returned to the Immigration Judge for further action as required above.1

1 The respondent remains subject to the Immigration Judge's order of removal, entered m absentia on April 22, 2004.

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Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014)

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

JFK FEDERAL BLDG., ROOM 320

BOSTON, MA 02203

Law Office of Maria Luisa de Castro Foden, LLC.

Foden, Mary

107 Oak St.

Hartford, CT 06106

IN THE MATTER OF FILE A 097-656-455

VALLE-MENDIETA, WILLIAM ARMANDO

UNABLE TO FORWARD - NO ADDRESS PROVIDED

DATE: May 29, 2014

�ACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION

IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS

WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.

SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.

YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST

MUST BE MAILED TO: BOARD OF IMMIGRATION APPEALS

OFFICE OF THE CLERK

5107 Leesburg Pike, Suite 2000

FALLS CHURCH, VA 20530

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT

OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.

THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE

WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.

SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),

8 U.S.C. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION

TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:

IMMIGRATION COURT

JFK FEDERAL BLDG., ROOM 320

BOSTON, MA 02203

OTHER:

CC: SUSAN HILLER

JFK FED BLDG. RM. 405 BOSTON, MA, 022030000

COURT FF

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Cite as: Wiliam Armando Valle-Mendieta, A097 656 455 (BIA Sept. 22, 2014)

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.. Mary Foden, Esq. Law Office of Maria Luisa de Castro Foden, LLC.

107 Oak Street

Hartford, CT 06106

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT BOSTON, MASSACHUSSETTS

IN THE MATTER OF: File No. A097 656 455

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BY THE IMMIGRATION JUDGE. INA§ 240(b)(5)(C)

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