In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to consider the respondent's potential claim to derivative citizenship under former section 321(a)(3) of the Immigration and Nationality Act (INA). The Board had previously upheld an order of removal against the respondent in 2004. The decision was written by Member Neil Miller.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to consider the respondent's potential claim to derivative citizenship under former section 321(a)(3) of the Immigration and Nationality Act (INA). The Board had previously upheld an order of removal against the respondent in 2004. The decision was written by Member Neil Miller.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to consider the respondent's potential claim to derivative citizenship under former section 321(a)(3) of the Immigration and Nationality Act (INA). The Board had previously upheld an order of removal against the respondent in 2004. The decision was written by Member Neil Miller.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to consider the respondent's potential claim to derivative citizenship under former section 321(a)(3) of the Immigration and Nationality Act (INA). The Board had previously upheld an order of removal against the respondent in 2004. The decision was written by Member Neil Miller.
The Law Office of Claudia Flower, PLLC 3137 Mount Vernon Avenue Alexandria, VA 22305 Name: MARTINEZ, HEYMAN 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 - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201 A073-661-308 Date of this notice: 7/27/2012 Enclosed is a copy of the Board's decision and order in the above-referenced case. Enclosure Panel Members: Miller, Neil P. Sincerely, Donna Carr Chief Clerk tran.; I m m i g r a n t
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w w w . i r a c . n e t Cite as: Heyman Martinez, A073 661 308 (BIA July 27, 2012) . U.s: Department of Justice . Executive Office for Immigration Review Decision of the Board of Immigration Appeals Falls Church, Virginia 22041 File: A073 661 308 - Baltimore, MD Date: lJUL 2 7 Z01l In re: HEYMAN MARTINEZ IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: Claudia Flower, Esquire This case was last before us on June 28, 2004, at which time we returned the respondent' s record to the Immigration Court due to the respondent's withdrawal ofhis motion pursuant to section 8 C.F.R. 1003.2(c). 1 Prior to this decision, we had summarily dismissed the respondent's appeal on January 28, 2004. The respondent has now filed an untimely motion to reopen on June 11, 2012. The Department of Homeland Security has not responded to the motion, which will be granted pursuant to our sua sponte under 8 C.F.R. 1003.2{a). The respondent argues that he obtained derivative citizenship pursuant to section 321{a)(3) of the Act when he was a teenager, and he has presented photocopies of his green card and birth certificate, along with a declaration from his mother and a photocopy of her Naturalization Certificate. We find the respondent' s potential claim to citizenship, in conjunction with the DHS' lack of opposition, sufficient to support reopening for further exploration of the respondent's claim. ld Upon remand, we stress that the respondent should present original documentation to demonstrate that he falls within the parameters of section 32l{a)(3) of the Act. Accordingly, the following order will be entered. ORDER: The motion is granted, and the record is remanded to the Immigration Court for further proceedings consistent with the foregoing decision. :: e-------- FOR THE BOARD 1 Since this proceeding is governed by the Fourth Circuit precedent, we will consider the motion. See William v. Gonzales, 499 F.3d 329 (4th Cir. 2007). I m m i g r a n t
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w w w . i r a c . n e t Cite as: Heyman Martinez, A073 661 308 (BIA July 27, 2012)