U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office of the Clerk

5107 Leesburg Pike, Suite 2000

Fall.f Church. Virginia 22041

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sofer, tzadok DHS/ICE Office of Chief Counsel - SND
ted sofer esq pc 880 Front St., Room 2246
233 broadway suite 2010 San Diego, CA 92101-8834
new york, NY 10279

Name: SANABRIA-MARTINEZ, EDITH E... A 070-169-937

Date of this notice: 3/22/2017

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

Sincerely,

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Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Edith Esperansa Sanabria-Martinez, A070 169 937 (BIA March 22, 2017)
. U.S. Department of Justice Decision of the Board of Immigration Appeals
Executiye Office for Immigration Review

Fa1's Church, Virginia 22041

File: A070 169 937-San Diego, CA Date:

In re: EDITH ESPERANSA SANABRIA-MARTINEZ MAR 2 2 2017

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

IN DEPORTATION PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Tzadok "Ted" Sofer, Esquire

APPLICATION: Reopening

The respondent, a native and citizen of El Salvador, appeals from the November 23,
2016, order of an Immigration Judge denying the respondent's motion to reopen. The
Department of Homeland Security (DHS) has not filed a brief in reply to the appeal. The record
will be remanded.

In the respondent's motion to reopen, she alleges that she moved to New York after being
served the Order to Show Cause and could not afford to travel to the hearing, and she seeks
reopening because she has since been granted Temporary Protected Status. The Immigration
Judge's order merely states: "court will reconsider motion when TPS is denied."

An Immigration Judge must fully explain the reasons for denying a motion in order, both
to allow the respondent a fair opportunity to contest the decision and to provide the Board an
opportunity for meaningful appellate review. See Matter ofA-P-, 22 I&N Dec. 468 (BIA 1999);
Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994). The decision below contains conclusions but not
analysis. Accordingly, the record will be remanded to the Immigration Judge for the issuance of
a full decision. 1

ORDER: The record is returned to the Imm ation Court for further proceedings in
accordance with this decision.

1
We express no opinion as to the merits of the respondent's appeal, nor does this order opine or
intimate how the Immigration Judge should rule on the motion to reopen.

Cite as: Edith Esperansa Sanabria-Martinez, A070 169 937 (BIA March 22, 2017)
 . {
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t
UNITED STATES DEPARTMENT OF JUSTiCE
EXECUTIVE BOARD FOR IMMIGRATION REVIEW
IMMIGRATION COURT
SAN DIEGO, CALIFORNIA

)
In the matter of )

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

) File No. A070-169-937
SANABRIA-MARTINEZ, EDITH ESPERANSA)
)
Respondent )
JUDGE'S ORDER REGARDING RESPONDENT'S
MOTION TO REOPEN

Having considered Respondent's Motion to Reopen Deportation Proceedings, pursuant to 8

C.F.R 1003.23, good cause appearing and finding that it would be in the interest of justice to
reopen Respondent's case,

.:
IT IS HEREBY ORDERED that the Motion to Reopen be
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cf'.

NOV 2 3 2016

MO
IJ JESUS CLEMENTE

T IO
DENIED
N

US CLEMENTE

A070-169-937