Oscar Ramirez-Jimenez, A087 457 576 (BIA Aug. 30, 2017)
Oscar Ramirez-Jimenez, A087 457 576 (BIA Aug. 30, 2017)
Oscar Ramirez-Jimenez, A087 457 576 (BIA Aug. 30, 2017)
Department of Justice
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Cynthia L. Crosby
Deputy Chief Clerk
Enclosure
Panel Members:
Kelly, Edward F.
Adkins-Blanch, Charles K.
Mann, Ana
Userteam: Docket
Cite as: Oscar Ramirez-Jimenez, A087 457 576 (BIA Aug. 30, 2017)
U.S. Departnlent of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review
APPEAL
APPLICATION: Reopening
The respondent, a native and citizen of Mexico, appeals an Immigration Judge's decision dated
March 10, 2017, denying his motion to reopen proceedings. The appeal will be sustained, the
Immigration Judge's order will be vacated, proceedings will be reopened and the record will be
remanded.
We review the findings of fact, including the determination of credibility, made by the
Immigration Judge under the "clearly erroneous" standard. 8 C.F.R. 1003. l(d)(3)(i). We review
all other issues, including issues of law, discretion, or judgment, under a de novo standard.
8 C.F .R. 1003 .1 (d)(3 )(ii).
The respondent has substantially complied with the requirements set forth in Matter ofLozada,
19 I&N Dec. 637 (BIA 1988). The respondent did not file a bar complaint against his former
counsel. However, his compliance with the first two requirements set forth in Matter ofLozada,
19 I&N Dec. at 639, coupled with the obvious ineffective assistance and prejudice arising from
former counsel's failure to inform the respondent of the correct hearing date and former counsel's
admission with respect to his error is sufficient to warrant reopening of proceedings. Accordingly,
we will return the record to the Immigration Judge in order to allow the respondent to pursue any
available relief from removal.
ORDER: The record is remanded to the Immigration Judge for further proceedings consistent
with the above.
Cite as: Oscar Ramirez-Jimenez, A087 457 576 (BIA Aug. 30, 2017)
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