4

Cruz, Alejandrina G., Esq.

6303 Blue Lagoon Drive, Ste 400
Miami, FL 33126-0000
Name: TORRES, JORGE ENRIQUE
L.b. 6gBIm6R0Ju5c6
Executive Ofce fr Immigation Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leesb11rg Pike. Suite :WOO
Fals Church. lri11ia 2 2041
OHS/ICE Ofice of Chief Counsel MIA
333 South Miami Ave., Suite 200
Miami, FL 33130
A099-925343
Date of this notice: 1 /11 /2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Kendall-Clark, Molly
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)
For more unpublished BIA decisions, visit www.irac.net/unpublished
U.S. 6g8t60I0J05c6
Executive Ofce fr Immigration Review
Decision of the Board oflmmigation Appeals
Falls Church, Virgia 224J
File: A099 925 343 - Miami, FL
In re: JORGE ENRIQUE TORS
REMOVAL PROCEEDIGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Alejandrina G. Cruz, Esquire
ON BEHALF OF OHS: Timothy M. Cole
Assistant Chief Counsel
APPLICATION: Reconsideration, reopening
JlH I1 2011
The respondent, a native and citizen of Argentina, was ordered removed in absentia on
January 7, 2010. On Februar 5, 2010, the respondent fled a timely motion to reopen proceedings,
which the Immigration Judge denied on February 10, 2010. In reaching this decision, the
Immigration Judge determined that the respondent did not rebut the presumption of proper serice
of notice fr his January 7, 2010, hearing. The Immigration Judge noted that although the
respondent indicated that an afdavit and other documentation with respect to a pending 1-129
petition appeal were accompanying his motion, he did not submit anything with the motion. The
respondent then fled a motion fr reconsideration on March 3, 2010, which the Immigration Judge
denied on March 5, 2010. The respondent fled a timely appeal of that decision. The appeal will be
sustained, proceedings will be reopened and te record will be remanded.
The Immigration Judge denied the respondent's motion fr reconsideration fnding that he
did not present any additional legal arguments, change in law or identif any argument or aspect that
was overlooked in his prior decision. The Immigration Judge specifcally identifed the absence of
an afdavit and 1-129 documentation, suggesting that this in part, was why the respondent's original
motion was denied. The Immigration Judge did not, however, address the additional submissions
that had been made. As the respondent noted in the motion to reconsider, the additional documents
in question, while not fled with the motion to reopen on February 5, 2010, were fled with the
Immigration Court on Februar 10, 2010, the date the Immigration Judge issued his decision denying
reopening. In view of the above and the totalit of circumstances presented mthis case, including
the respondent's swor afdavit in which he stated that he did not receive either the Notice to
Appear or the notice fr his hearing, his diligence in seeking to reopen proceedings, as well as his
potential eligibilit fr relief, we will allow the respondent another opportunity to appear fr a
hearing. 660h6raJ --A-, 24 l&N Dec. 665 (BIA 2008).
ORDER: The appeal is sustained, proceedings are reopened and the record is remanded to
te Immigation Judge fr frther proceedings.
FOR BOARD
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Cite as: Jorge Enrique Torres, A099 925 343 (BIA Jan. 11, 2011)
+
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UITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
333 SOUTH MIAI AVE., STE.700
MIAI, FL 33130
CRUZ, AEJANDRINA G., ESQ.
6303 BLUE LAGOON DR. SUITE.400
MIAMI, FL 33126
Date: Mar s, 2010
File A099-925-343
In the Matter of:
TORRES, JORGE ENRIQUE
Attached is a copy of the written decision of the Immigration Judge.
This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
Immigration Appeals on or before o::
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The appeal must be accompanied by proof of paid fee ($11). =
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Enclosed is a copy of the oral decision. c
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Enclosed is a transcript of the testimony of record.
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You are granted until to submit a brief
to this office in support of your appeal.
:
Oposing counsel is granted until
brief in opposition to the appeal.
to submit a
*

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Enclosed.is acopy of the order/decision of the Immigration Judge.
All papers filed with the Court shall be accompanied by proof
of service upon opposing counsel.
Sincerely,
Immigra Clerk
cc: PAULETTE TAYLOR, ASSISTAT CHIEF COUSEL
333 SOUTH MIAMI AVE, SUITE 300
MIAMI, FL 33130
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UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES OF AMERICA
1MLMA'n'ER OF:
JORGE ENRIQUE TORRS
Respondent
A-099-925-343
l
EXPEDITE MOTION TO RECONSIDER
YOUR DECISION DATED FEBRUARY 10, 2010
DENYING THE MOTION TO REOPEN

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COMES NOW, the Respondent, by and through his undersigned Attorney; and c
respectfully moves this Court to Reconsider the above mentioned case of Respondent,
JORGE ENRIQUE TORRES, in which the Immigration Judge of Miami, Florida, on

January 05, 2010 entered an Absentia Order of Removal fom the Unites States, and
aferwards on February 10, 2010 denied the Motion to Reopen, and alleges as fllows:
1
v
. Respondent as stated in our original Motion to Reopen fed on February 5,
2010 is a Citizen and National of Argentina who entered the United States, on c
May 21, 2000 at Miami, Florida, as a B-2 Nonimmigrant, fr a Temporary [:
Stay not to exceed November 20, 2000. Aferwards an L-1 A. Non Immigrant
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Petition was fled on his behalf, by Grisines Savio Group Inc. Said Petition
was approved, with a Change of Non Immigrant Status, fom B-2 to L-1, valid
up to June 06, 2002. An Extension of Stay fom the same company was fled,
and said Petition was denied. But on August 27, 2002, an Appeal was fled to
the Commissioner. Said Appeal was transfrred to the Appeal Ofice of
Washington, DC. Various inquiries has been made on this case, but according
to records, said Appeal is still pending.
2. As stated above on January 05, 2010, you entered an Absentia Order in the
case of Respondent Hlnot attending an Immigration Hearing at the Court of
Miami, Florida. Aferwards we fled our Motion to Reopen on February 05,
2010. Then on or about February 10, 2010 you rendered a decision, denying
the Motion to Reopen on this case. You stated that among other things, that
with our Motion, we did not submit the documents to Support our Motion. But
5 days later, wc submited various document in support of our Motion, they
were submitted, according to your stamped records on February 10, 2010, the
date you rendered the decision and then afterwards mailed to us. We did not
submitted originally the documents with our Motion, as we did not have at the
time all the documents needed, and we did not want to wait any longer to fle
:
.
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V. Respondent is in need that his case be Reopen in order to continue with his
Immigration Case in the United States. During all this time, he has been an
Executive of the Grisines Savio Group Inc.
I 0. Attached, please fnd new copies of the fllowing documents in support of our
Original Motion to Reopen, which were submitted to the Court. Febary
IO, 2010, as fllows :
5 .-:2S
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a. Afdavit of Respondent, marked as Exhibit "A"

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b. Various copies of the I-129 L1 , the Appeal fled andJotiof

Pending decision, marked as exhibit "B"
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WHEREFORE, the undersigned Attorey, respectflly request that the of

Respondent, be Reconsider and Reopen in order fr him to prove his case, and tce able:g
to remain in the United States.
..
Respectflly submitted,

ALEJ DRINA G. CRUZ, ESQ.
Attorey fr Respondent
6303 Blue Lagoon Dr. Suite 400
Miami, Florida 33126
(305) 445-1013
HERBY CERTIFY, that a true and correct copy of the fregoing Motion was given to
the ofce
.
of t?e Oistrict Counsl, located at 333 S. Miami Avenue, 2"
d
foor, Miami, Fl
33126, this day of _z-/ 2010.
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