U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Qffice ofthe Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - NYC

26 Federal Plaza, 11th Floor
New York, NY 10278

Name: CAPELLAN CRUZ, RONIEL ANT...

A 060-955-082
Date of this notice: 8/4/2016

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

DOWtL Ca.AA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
O'Leary, Brian M.
O'Connor, Blair

Userteam: Docket

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Cite as: Roniel Antonio Capellan Cruz, A060 955 082 (BIA Aug. 4, 2016)

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

Vasquez, Elsie Cecilia

Law Office of Elsie C. Vasquez
5030 Broadway Suite 619
New York, NY 10034

. U.S. Departm,nt of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Chur Vll'ginia 22041

File: A060 955 082 - New York, NY

Date:

AUG - 4 2016

In re: RONIEL ANTONIO CAPELLAN CRUZ

APPEAL
ON BEHALF OF RESPONDENT: Elsie C. Vasquez, Esquire
APPLICATION: Reopening
The respondent, a native and citizen of the Dominican Republic, was ordered removed in
absentia on December 12, 2014. On December 23, 2014, the respondent filed a motion to reopen
proceedings, which an Immigration Judge denied on January 22, 2015. The respondent filed a
timely appeal of that decision. The appeal will be sustained, the Immigration Judge's order will
be vacated, proceedings will be reopened and the record will be remanded.
The Board reviews an Immigration Judge's findings of fact, including findings as to the
credibility of testimony, under the clearly erroneous standard. 8 C.F .R. 1003.1(d)(3)(i), (ii) .
The Board reviews questions of law, discretion, and judgment and all other issues in appeals
from decisions of Immigration Judges de novo.
Upon de novo review of the record and in light of the totality of circumstances presented in
this case, we conclude that the respondent demonstrated that reopening is warranted. 1 See
sections 240(b)(S)(C)(i), (e)(I) of the Immigration and Nationality Act, 8 U.S.C.
1229a(b)(S)(C)(i), (e)(l). We will therefore sustain the respondent's appeal and remand the
record for further proceedings.
ORDER: The respondent's appeal is sustained, the in absentia order is vacated, proceedings
are reopened and the record is remanded to the Immigration Judge for further proceedings and
for the entry of a new decision.

Among other factors, we have considered the confusion surrounding the respondent's hearing
date arising from the ambiguous notation on the January 10, 2014, notice of hearing, as well as
counsel's sworn statement regarding her mistake and the respondent's attendance at numerous
prior hearings, his diligence in pursuing his status and that he is the beneficiary of an 1-130 and
appears to be eligible to adjust his status.
1

Cite as: Roniel Antonio Capellan Cruz, A060 955 082 (BIA Aug. 4, 2016)

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

IN REMOVAL PROCEEDINGS

Order on Motion to Reopen Custody Proceedings

U.S. Department of Justice

Executive Ofllce for Immigration Review

Immigration Court

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RESPONDENT/A PPLICANT

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IN REMOVAL PROCE E DINGS

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of respondents's/written

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Motion to Reconsider an I mmigration Judge's decision

Motion to Reopen proceedings
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filed in the above entitled matter, it is HEREBY ORDERED that the motion
be granted.
b denied for the reasons indicated in the attached decision.

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

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Cite as: Roniel Antonio Capellan Cruz, A060 955 082 (BIA Aug. 4, 2016)