;.

'

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 22041

DHS/ICE Office of Chief Counsel - BOS

P.O. Box 8728
Boston, MA 02114

Name: RENAUT, ALAN SOARES

A 095-285-899

Date of this notice: 10/15/2015

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

DonnL Ca.AA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David B.

Userteam: Docket

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Cite as: Alan Soares Renaut, A095 285 899 (BIA Oct. 15, 2015)

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Joyce, William P ., Esq.

Joyce & Associates, PC
205 Portland Street, Third Floor
Boston, MA 02114

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A095 285 899 - Boston, MA

Date:

In re: ALAN SOARES RENAUT

OCT i 5 20lS

APPEAL
ON BEHALF OF RESPONDENT: William P. Joyce, Esquire
APPLICATION: Reopening
The United States Court of Appeals for the First Circuit has remanded this matter to the
Board for further consideration of the respondent's appeal of the decision of the Immigration
Judge, dated April 30, 2013, denying his motion to reopen. See Renaut v. Lynch, 791 F.3d 163
(1st Cir. 2015).
Considering the totality of the evidence that the respondent presented in support of his
motion to reopen and the Notice of Hearing in Removal Proceedings which was returned as
undeliverable, we conclude that, in light of the First Circuit's decision in this matter, the
respondent has established that reopened removal proceedings are warranted on account of lack
of notice. See section 240(b)(5)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C.
1229a(b)(5)(C)(ii); 8 C.F.R. 1003.23(b)(4)(ii). Accordingly, the following orders are entered.
ORDER: The respondent's appeal is sustained, the respondent's motion to reopen is granted,
and the order of removal, entered in absentia on March 4, 2004, is rescinded on account of lack
of notice.
FUTHER ORDER: These removal proceedings are reopened and the record is remanded to
the Immigration Court for the issuance of a new Notice of Hearing in Removal Proceedings,
further removal proceedings, and the entry of a new decision.

FOR THE BOARD

Cite as: Alan Soares Renaut, A095 285 899 (BIA Oct. 15, 2015)

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

IN REMOVAL PROCEEDINGS