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    Benjamin Luis-Garcia, A098 237 658 (BIA Jan. 21, 2011)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings following the submission of evidence showing the respondent’s father had been recently threatened on account of his political activities and believed that the respondent would also be threatened if he was returned to Guatemala. The decision was written by Member David Holmes.

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    Benjamin Luis-Garcia, A098 237 658 (BIA Jan. 21, 2011)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    391 views2 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings following the submission of evidence showing the respondent’s father had been recently threatened on account of his political activities and believed that the respondent would also be threatened if he was returned to Guatemala. The decision was written by Member David Holmes.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings following the submission of evidence showing the respondent’s father had been recently threatened on account of his political activities and believed that the respondent would also be threatened if he was returned to Guatemala. The decision was written by Member David Holmes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    391 views2 pages

    Benjamin Luis-Garcia, A098 237 658 (BIA Jan. 21, 2011)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings following the submission of evidence showing the respondent’s father had been recently threatened on account of his political activities and believed that the respondent would also be threatened if he was returned to Guatemala. The decision was written by Member David Holmes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    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 2204 /

    Immigrant & Refugee Appellate Center | www.irac.net

    Willshire, John, Esquire GBLS/Harvard Immigration & Refugee Clinic 197 Friend St. Boston, MA 02114-0000

    OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728 Boston, MA 02114

    Name: LUIS-GARCIA, BENJAMIN

    A098-237658

    Date of this notice: 1/21/2011

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

    Donna Carr Chief Clerk

    Enclosure

    Panel Members: Holmes, David B.

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

    Cite as: Benjamin Luis-Garcia, A098 237 658 (BIA Jan. 21, 2011)

    . JJ.S. i;>epartment of Justice


    Executive Office for Immigration Review FalJs Church, Virginia 22041

    Decision of the Board oflmmigration Appeals

    File:

    A098 237 658

    Boston, MA

    Date:

    !JAN 21 2011

    In re: BENJAMIN LUIS-GARCIA IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: APPLICATION: Reopening John E. Willshire, Esquire

    Immigrant & Refugee Appellate Center | www.irac.net

    This case was previously before the Board on August 23, 2010, when we dismissed the respondent's appeal of the Immigration Judge's October 16, 2008, decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. On October 21, 2010, the respondent filed a timely motion to reopen with the Board. The Department of Homeland Security has not filed an opposition to the motion to reopen. Given the overall circumstances and evidence presented by the respondent in his motion, we find that reopening should be granted. In support of his motion the respondent has filed two declarations. Significantly, the respondent has filed a declaration from his father' that indicates, inter alia, (a) the respondent's father, an indigenous Maya Quiche, was a former political leader and mayor advocating for indigenous rights, (b) the respondent's father was threatened and targeted by the government for his activities, and (c) the respondent's father believes that his son will face persecution in Guatemala based on his father's political activities, his son's own pro-indigenous views, and on-going monitoring and harassment of the respondent's indigenous family in Guatemala (See Respondent's Motion to Reopen, Statement of Santos Luis de la Cruz). Consequently, the proceedings will be reopened and the record will be remanded. On remand, the parties shall have an opportunity to update the record. Accordingly, the following orders will be entered. ORDER: The respondent's timely, unopposed motion to reopen is granted. FURTHER ORDER: The record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and for issuance of a new decision.

    FOR THE BOARD

    The respondent's father did not previously tell the respondent about his political past and family

    persecution because he was too traumatized and feared for his son's safety (see Respondent's Motion to Reopen at 2-3, Statement of Santos Luis de la Cruz at 1-2).

    Cite as: Benjamin Luis-Garcia, A098 237 658 (BIA Jan. 21, 2011)

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