In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to permit the immigration judge to address the applicability of regulations issued after his decision allowing noncitizens to apply for unlawful presence waivers on a provisional basis (Form I-601A). The immigration judge had denied the respondent’s request for a continuance on grounds that the promulgation of regulations was too speculative to warrant a further postponement of proceedings. The decision was written by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to permit the immigration judge to address the applicability of regulations issued after his decision allowing noncitizens to apply for unlawful presence waivers on a provisional basis (Form I-601A). The immigration judge had denied the respondent’s request for a continuance on grounds that the promulgation of regulations was too speculative to warrant a further postponement of proceedings. The decision was written by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to permit the immigration judge to address the applicability of regulations issued after his decision allowing noncitizens to apply for unlawful presence waivers on a provisional basis (Form I-601A). The immigration judge had denied the respondent’s request for a continuance on grounds that the promulgation of regulations was too speculative to warrant a further postponement of proceedings. The decision was written by Member Edward Grant.
3300 Buckeye Road, Suite 220 Atlanta, GA 30341 U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5107 leeburg Pike, Suite 2000 Fals Church, Vrginia 20530 OHS / ICE Ofice of Chief Counsel - ATL 180 Spring Street, Suite 332 Atlanta, GA 30303 Name: MEDEROS-SANCHEZ, ENEREO A 205-132-022 Date of this notice: 2 / 3 / 2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Grant, Edward R. Sincerely, Do c O Donna Carr Chief Clerk williame Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t
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w w w . i r a c . n e t Cite as: Enereo Mederos-Sanchez, A205 132 022 (BIA Feb. 3, 2014) U.S. Department of Justice Executive Ofce fr Immigration Review Decision of the Board of Immigation Appeals Falls Church, Virginia 20530 File: A205 132 022 - Atlanta, GA I re: ENEREO MEDEROS-SANCHEZ IN REMOVAL PROCEEDINGS APPEAL Date: ON BEHALF OF RESPONDENT: Ray Rampersad, Esquire ON BEHALF OF DHS: APPLICATION: Continuance Jill K. Kishna Assistant Chief Counsel FEB 3 1 Te respondent, a native and citizen of Mexico, has appealed fom the July 11, 2012, decision of the Immigration Judge denying a continuance. The record will be remanded. The respondent sought a contnuance befre the Immigration Court to wait on the passage of proposed regulations, proposed by the United States Citizenship and Immigation Serices (USCIS), whch would allow him to remain in the United States while pursuing a provisional waver of his inadmissibility. The Immigation Judge denied te request based on a deterination that the passage of regulations and legislation on the issue was too speculative in nature to warat a fer postponement of proceedings. Subsequent to the date of the hearing befre the Immigration Judge, regulations concering the eligibility of certain immigrants to apply fr a provisional unlawfl presence waiver of inadmissibility wre fnalized and becae efective on March 4, 2013. See 8 C.F.R. 212.?(e); 78 Fed. Reg. 535 (Ja. 3, 2013). We fnd that a remand is waranted to allow the Immigration Judge to specifcally address the applicability of te new regulation to the respondent's application fr relief and request fr continuance. On remand, the parties should be provided the opportunity to present any additional relevant evidence and agument. Accordingly, te record will be remanded to the Immigration Judge fr furer proceedings consistent with this opinion and fr te entry of a new decision. I m m i g r a n t
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w w w . i r a c . n e t Cite as: Enereo Mederos-Sanchez, A205 132 022 (BIA Feb. 3, 2014) UITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRTION REVIEW UITED STATES IMMIGRTION COURT ATLANTA, GEORGIA File: A205-132-022 In the Matter of July 11, 2012 ENEREO MEDEROS-SACHEZ IN REMOVAL PROCEEDINGS RESPONDENT CHARGES: Section 212(a) (6} (A} (i} of the Immigration and Nationality Act. APPLICATIONS: None. ON BEHALF OF RESPONDENT: RAYMOND REMPERSA ON BEHALF OF DHS: JO KISHNA ORAL DECISION OF THE IMMIGRTION JUDGE This case came before the Court as a result of a Notice to Appear that was issued by the Department of Homeland Security. The charging document alleges that the respondent is a native and citizen of Mexico and that he is removable from the United States pursuant to Section 212 of the Immigration and Nationality Act. The respondent admits the factual allegations in the Notice to Appear and concedes removability. In light of I m m i g r a n t
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w w w . i r a c . n e t the foregoing, the Court finds by clear and convincing evidence that the respondent is removable from the United States as charged. The Court sustains the charge of removal and designates Mexico as the country of removal should that become necessary. Respondent does not have any relief that is presently available to him. He asked for a continuance in anticipation of a proposed reg that may come down the pike at some point from the Department of Homeland Security. Respondent has not established a good cause for a further continuance in this case. The Court has granted continuances for the hopes that something may be more definite for the respondent. In any event, the respondent does not want voluntary departure in lieu of proceedings and wishes voluntary departure at the conclusion of proceedings. The Court will grant the application for voluntary departure at the conclusion of proceedings and set bond at $5,000. Tne Court will enter the following order in this case. IT IS HEREBY ORDERED that respondent's application for voluntary departure be and hereby is granted. Respondent is granted voluntary departure up to and including September 10, 2012, which is 60 days from today, on the posting of a bond of $5,000.00 within five business days, with an alternate order of removal to Mexico. Warning to respondent. Failure to leave the United States as required means that you could be removed from this A205-132-022 2 July 11, 2012 I m m i g r a n t
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w w w . i r a c . n e t country, you may have to pay a civil penalty of between $1,000 and $5,000, and you will be ineligible for 10 years to come from receiving cancellation of removal, adjustment of status, voluntary departure, change in non-immigrant status, or relief under the registry provisions. Respondent is also advised that if he f.ails to depart by the deadline, he will be subject to a civil penalty of between $1,000 and $5,000. Respondent has reserved his right to appeal. The deadline for filing an appeal is August 10, 2012. If respondent files an appeal, he is hereby advised that he must provide the Board of Immigration Appeals within 30 days of filing an appeal sufficient proof of having posted the voluntary departure bond. The respondent is ,advised that the Board will not reinstate the voluntary departure period in its final order if he does not submit timely proof to the Board that the voluntary departure bond has been posted. If respondent does not appeal and instead files a motion to reopen or a motion to reconsider during the voluntary departure period, he is hereby advised that the period allowed for voluntary departure will not be stayed, tolled, or extended, the grant of voluntary departure will be terminated automatically, the alternate order of removal will take effect immediately, but the penalties for failure to depart voluntarily will not apply. Finally, the respondent is advised that the Court has set the civil monetary penalty for failing to depart A205-132-022 3 July 11, 2012 I m m i g r a n t
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w w w . i r a c . n e t I ' within the voluntary departure period at the presumptive amount of $3,000. A205-132-022 ..
-- > _ - EALE B WILSON Immigration Judge 4 July 11, 2012 I m m i g r a n t
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w w w . i r a c . n e t ( A t CERTIFICATE PAGE I hereby certify that the attached proceeding before JGE EALE B WILSON, in the matter of: ENEREO MEDEROS-SACHEZ A205-132-022 ATLANTA, GEORGIA is an accurate, verbatim transcript of the recording as provided by the Executive Office for Immigration Review and that this is the original transcript thereof for the file of the Executive Office for Immigration Review. VICKI LYNE LYTTLE (Transcriber) DEPOSITION SERVICES, Inc. AUGUST 24, 2012 (Completion Date) I m m i g r a n t