U.S.

Department of Justice
Executive Office for Immigration Review
Board oflmmigralion Appeals
Office of the Clerk
5107 l.eesb11rg Pike. Suite 2000
rails Church. l'irginia 220./ I

OHS/ICE Office of Chief Counsel - DAL

125 E. John Carpenter Fwy, Ste. 500
Irving, TX 75062-2324

Name: VASQUEZ-CHAVEZ, JOSE LAU...

A 088-878-376
Date of this notice: 11/20/2015

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

Don,u.., Ca.AA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Leary, Brian M.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Jose Laurentino Vasquez-Chavez, A088 8778 376 (BIA Nov. 20, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Martinez, Enrique
Martinez Law Offices
1802 Avenue Q
Lubbock, TX 79401

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church. Virginia 22041

Date:

File: A088 878 376 - Dallas, TX

NOV 2 0 2015

In re: JOSE LAURENTINO VASOUEZ-CHAVEZ a.k.a. Laurentino Jose Vazquez

APPEAL
ON BEHALF OF RESPONDENT: Enrique Martinez, Esquire
ORDER:
The respondent is a male native and citizen of Mexico. He appeals from the Immigration
Judge's decision dated September 30, 2014, denying his motion to reopen removal proceedings,
which had been conducted in absentia on January 24, 2013. Considering the entirety of
circumstances presented by this case, including the lack of any opposition to the motion and this
appeal by the Department of Homeland Security (DHS), the proceedings before the Board are
administratively closed. Matter ofAvetisyan, 25 I&N Dec. 688 (BIA 2012).
If either party to this case objects to the continued administrative closure of these
proceedings, a written request to reinstate the proceedings may be made to the Board. The Board
will take no further action in the case unless a request is received from one of the parties. The
request must be submitted directly to the Board of Immigration Appeals Clerk's Office, without
fee, but with certification of service on the opposing party.

11,1 (J

'
.FoRTHEsO

Cite as: Jose Laurentino Vasquez-Chavez, A088 8778 376 (BIA Nov. 20, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

. :i

--
.,._

Martinez Law Offices

Martinez, Enrique
1802 Avenue Q
Lubbock, TX 79401
FILE A 088-878-376
IN THE MATTER OF
VASQUEZ-CHAVEZ, JOSE LAURENTINO

DATE: Oct 2, 2014

UNABLE TO FORWARD - NO ADDRESS PROVIDED

X

'

. .
,
H

ATTACHED 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 !LED 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
1100 COMMERCE ST., SUITE 1060
DALLAS, TX 75242

..'

OTHER: DENIED - MOTION TO REOPEN

CC: HAROW, CRAIG

125\E. HWY 114, STE 500
IRVING, TX, 75062

JJ
COURT CLERK
IMMIGRATION COURT
FF

Immigrant & Refugee Appellate Center, LLC | www.irac.net

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
1100 COMMERCE ST., SUITE 1060
DALLAS, TX 75242

United States Department of Justice

Executive Office for Immigration Review
United States Immigration Court
Dallas, Texas

ORDER

This matter is before the Court pursuant to the Respondent's September 17, 2014 Motion
to Re-Open. For the reasons set forth below, the Motion will be DENIED.
The Court entered an in absentia order of removal against the Respondent on January 24,
2013 after the Respondent failed to appear for his hearing.
On September 17, 2014 he filed a Motion to Re-Open through his attorney seeking to
have the case reopened asserting a lack of notice.
A review of the motion reveals no evidence to support that assertion. Statements of
counsel contained in a Motion to Re-Open are not evidence and if unaccompanied by other
evidence do not carry Respondent's burden of proof. Matter of Ramirez-Sanchez, 17 I&N Dec.
503 (BIA 1980).
There being no evidence to substantiate the claims made by the Respondent, the motion
is DENIED.
This 30th day of September, 2014.

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Case No. 088-878-376

In Re: Jose Laurentino Vazquez Chavez