Hobbins, Margaret, Esq. Maggio & Kattar, PC 11 Dupont Circle, N.W., Suite 775 Washington, DC 20036

Name: VALDEMOR, MA EVELYN

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Clerk

5/07 Leesburg Pike, Suite 2000 Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

A 094-216-703

Date of this notice: 4/24/2015

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

Enclosure

Panel Members: Creppyl Michael J. Mullane, Hugh G. Manni Ana

Sincerely,

DorutL c t1AA)

Donna Carr Chief Clerk

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index

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Cite as: Ma Evelyn Valdemor, A094 216 703 (BIA April 24, 2015)

U.S. Department of Justice Executive Office for Immigration Review

Falls ChQrch, Virginia 20530

File: A094 216 703 - Baltimore, MD

In re: MA EVELYN V ALDEMOR

IN REMOVAL PROCEEDINGS

APPEAL

Decision of the Board of Immigration Appeals

Date:

ON BEHALF OF RESPONDENT: Margaret Hobbins, Esquire

ON BEHALF OF DHS:

APPLICATION: Termination

Randolph N. Blair, Jr. Assistant Chief Counsel

The respondent, a citizen and native of the Philippines, has appealed from the November 28, 2012, decision of the Immigration Judge ordering her removed, and an underlying decision dated September 8, 2011, denying her motion to suppress evidence and terminate proceedings. The Department of Homeland Security has filed a brief in opposition to the appeal. The record will be remanded for further proceedings.

We review the findings of fact, including the determination of credibility, made by the Immigration Judge under a "clearly erroneous" standard. 8 C.F.R. § 1003.l(d)(3)(i). We review all other issues, including whether the parties have met the relevant burden of proof, and issues of discretion, under a de novo standard. 8 C.F.R. § 1003.l(d)(3)(ii).

In his September 2011 decision, the Immigration Judge stated only that the "motion is the same motion with the same facts as the case of Marilyn Hernandez Magsino," denying the motion, "[f]or the same reasons set forth in that case." The Immigration Judge's evaluation of the evidence and legal analysis is cursory and precludes us from meaningfully reviewing the merits of his determination. See Matter of A-P-, 22 I&N Dec. 468 (BIA 1999) (an oral decision must summarize the relevant facts, reflect the Immigration Judge's analysis of the applicable statutes, regulations, and legal precedents, and clearly set forth the Immigration Judge's legal conclusion).

Accordingly, the record will be remanded to allow the Immigration Judge to issue a separate decision addressing the respondent's motion to suppress and terminate. The Immigration Judge should address the specific arguments raised in the respondent's motion to suppress evidence and terminate proceedings, and provide adequate reasons for his decision. See Matter of A-P-, 22 I&N Dec. 468 (BIA 1999) (holding that because the Board's fact-finding ability is limited, it is essential for Immigration Judges to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law).

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Cite as: Ma Evelyn Valdemor, A094 216 703 (BIA April 24, 2015)

..,·

A094 216 703 '

Accordingly, the following order is entered.

ORDER: The record is remanded for further proceedings consistent with this decision.

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Cite as: Ma Evelyn Valdemor, A094 216 703 (BIA April 24, 2015)

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

UNITED STATES IMMIGRATION COURT

BALTIMORE, MARYLAND

File: A094-216-703

In the Matter of

MA EVELYN VALDEMOR

RESPONDENT

November 28, 2012

IN REMOVAL PROCEEDINGS

CHARGE: Section 237(a) (1) (B) of the Immigration and

Nationality Act - non-immigrant overstay.

APPLICATION: Termination of proceedings.

ON BEHALF OF RESPONDENT: MARGARET HOBBINS, Esquire

ON BEHALF OF OHS: AMY S. PAULICK, Esquire

ORAL DECISION OF THE IMMIGRATION JUDGE

In previous rulings by this Court on September 8, 2011,

the respondent's motion to suppress the Department of Homeland

Security's evidence and dismiss the proceedings was denied.

Based upon the Government's evidence, the Court sustained the

charge of removability as a non-immigrant overstay.

There are no applications for remedy or relief before the

Court at this time.

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ORDER

Accordingly, I order that the respondent be removed and

deported as charged to the country of the Philippines.

Deadline for any appeal on all underlying matters, to

include today's order, is December 28, 2012.

A094-216-703

Please see the next page for electronic signature

JOHN F. GOSSART, JR.

Immigration Judge

2 November 28, 2012

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' ...

/Isl/

Immigration Judge JOHN F. GOSSART, JR.

gossartj on January 18, 2013 at 12:50 PM GMT

A094-216-703 3 November 28, 2012

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