Deportation Notification for Auberon Xerices
October 16, 2007
To Auberon Templeton Xerices:
This notice is to inform you that you have been entered into removal proceedings.
A notice was served to your primary address informing you that your final deportation hearing regarding your pending deportation case had been scheduled, according to standard procedure as given in A.S.C.A. §§ 41.0205(7)(a), 41.0607(a)(1). Our records indicate that you failed to appear for your scheduled hearing on October 10, 2007 at 10:00 AM. The presiding judge has entered an in absentia removal order in accordance with 8 U.S.C. § 1229(a). Under INA § 240B(b), you have waived your right to Voluntary Departure. You will receive a Notice to Appear for Removal Proceedings in the next 7-14 days.
The INA provides that an alien who has been found removable from the United States "may file one motion to reopen [the removal] proceedings" to present "new facts." 8 U.S.C. 1229a(c)(6)(A)-(B). The statute prescribes that "the motion to reopen shall be filed with in 14 days of the date of entry of a final administrative order of removal." 8 U.S.C. 1229a(c)(6)(C)(i). An alien who is the subject of removal proceedings and who departs the United States may not file a motion to reopen "subsequent to his or her departure." 8 C.F.R. 1003.2(d). In addition, if an alien who is the subject of removal proceedings departs the United States "after the filing of a motion to reopen," the alien's departure "constitute[s] a withdrawal of such motion." Ibid. The deadline for filing a motion with the Board of Immigration Appeals is October 23, 2007.
Failure to appear for removal proceedings will result in an in absentia decision being given. You will also become ineligible for cancellation of removal, adjustment of status, and any future grants of voluntary departure for a period of ten years.
Please keep this for your records. You will not receive another copy.
U.S Department of Homeland Security
U.S. Citizenship and Immigration Services
London, KY 40742-7134
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