adonay migueles alfaro, a205 291 592 (bia dec. 13, 2012)

7/29/2019 Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)

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Rios, J. JesusJ. Jesus Rios, P.C.8600 Howard Drive, Ste.200Houston, TX 77017

U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of mmigration AppealsOffice of he Clerk5/lJ? Leesburg Pike, Suile 20()0Falls Church, Virginia 22041

DHS/ICE Office of ChiefCounsel - POK3400 FM 350 SouthLivingston, TX 77351

Name: MIGUELES ALFARO, ADONAY A 205-291-592

Date ofthis notice: 12/13/2012

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

EnclosurePanel Members:Guendelsberger, John

Sincerely,OOn.ttLCa.JVU

Donna CarrChiefClerk

LulsegesUserteam: Docket

Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)


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MIGUELES ALFARO, ADONAYA205-291-592

U.S. Department of JusticeExecutive Oftice for Immigration ReviewBoard o f mmigration AppealsOffice of he Clerk5107 Leesburg Pike, Suile 2000Falls Church. Virgmia 22041

DHS/ICE Office of Chief Counsel - POK3400 FM 350 SouthPOLK COUNTY DETENTION CENTER3400 FM 350 SOUTH Livingston, TX 77351LIVINGSTON, TX 77351

Name: MIGUELES ALFARO, ADONAY A 205-291-592

Date ofthis notice: 12113/2012

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is beingprovided to you as a courtesy. Your attorney or representative has been served with thisdecision pursuant to 8 C.F.R. 1292.5(a). If the attached decision orders that you beremoved from the United States or affirms an Immigration Judge's decision ordering that yoube removed, any petition for review of the attached decision must be filed with and receivedby the appropriate court of appeals within 30 days of the date of the decision.

EnclosurePanel Members:Guendelsberger, John

Sincerely,Dcn.ttLCtV&AJ

Donna CarrChief Clerk

LulsegesUserteam: Docket



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U.S. Department ofJusticeExecutive Office for ImmigllltionReview Decision of he Board ofimmigllltion AppealsFalls ChutCb, Vu:ginia 22041

File: A205 291 592 - Livingston, TX Date:In re: ADONAY MIGUELES ALFARO a.k.a. Adonay Alfaro Migueles

a.k.a. Adonay AlfaroIN REMOVAL PROCEEDINGSAPPEALON BEHALF OF RESPONDENT: J. Jesus Rios, EsquireON BEHALF OF DHS: Richard W. BennettAssistant ChiefCounselAPPUCATION: Voluntary departure

DEC 18 ZOtZ

The respondent, a native and citizen of El Salvador, bas appealed from the ImmigrationJudge's decision dated August 20, 2012. The respondent does not contest removability onappeal, but requests a remand for purposes of requesting voluntary departure. The Department ofHomeland Security ("DHS") bas filed a motion for summary affirmance. The appeal will besustained and the record will be remanded.We review Immigration Judges' findings of fact for clear error, but questions of law,discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R. 1003.l(d)(3)(i),

(ii).Pursuant to 8 C.F.R 1240.ll(a)(2), an Immigration Judge must advise a respondent of theforms of relief for which he or she is apparently eligible, including voluntary departure.

See Matter of Cordova, 22 I&N Dec. 966, 970 n. 4 (BIA 1990); 8 C.F.R. 1240.11(b). Therecord reflects that, in this case, the Immigration Judge did not inform the respondent that hemight be eligible for voluntary departure under section 240B(a)(l) of the Immigration andNationality Act, 8 U.S.C. 1229c(a)(l} prior to the completion of removal proceedings.Furthermore, once the respondent indicated that he wished to preserve his right to appeal, theImmigration Judge did not inform him that he might be eligible for voluntary departure undersection 240B(b)(l) of the Act. The Immigration Judge made no statement for the record that therespondent is .ineligible for voluntary departure, and thus this is not a case where the ImmigrationJudge explicitly or implicitly pretermitted an application for voluntary departure. In view of theforegoing, we agree with the respondent that this case should be remanded for furtherproceedings and a decision with respect to the respondent's application for voluntary departureunder the provisions of section 240B of he Act. The following order is entered.

ORDER: The record is remanded for further proceedings and the entry of a new order.



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In the Matter of:

.1 . ~ .

U.S. DEPARTMENT OF JUSTICEEXECUTIVE OFFICE FOR IMMIGRATION REVIEWIMMIGRATION COURT3400 FM 350 SOUTHLIVINGSTON, TEXAS 77351case No.: A205-291-592

MIG'O"ELES ALFARO, ADONAYDocket: LIVINGSTON,TXRESPONDENTIN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGEUpon th e ba s i s of respondent ' s admiss ions , I have determined tha t . therespondent i s sub jec t to removal on the charge(s) in the Notice to Appear .Respondent has made no appl ica t ion fo r r e l i e f from removal.I t i s HEREBY ORDERED t h a t the respondent be removed from the United Sta testo __ _ . ! : E ~ L ~ S ~ A L ~ V c : : A D ~ O : ' E R ~ - on the charge(s) contained in the Notice to Appear .'Any a l i en aga ins t whom a f i na l order of removal i s outs tanding by reason ofbeing a member of any of the c las ses descr ibed in INA sec t ion ~ 3 7 ( a ) , whow i l l fu l ly fa i l s or r e fuses to presen t himsel f or herse l f fo r removal a t thet ime and place requi red by the Attorney General shar i ' be f ined and/orimprisoned fo r up to t en year s . Fur ther , pny a l i en who w i l l fu l ly fa i l s orre fuses to depar t from the United Sta tes pursuant to a f i na l removal orderor presen t fo r removal a t the t ime and place required by the AttorneyGeneral sha l l pay a c i v i l penal ty of no t more than $500 to the Commissionerfo r each day the a l i en i s in v io la t ion of th i s ~ c t i o n .

Administrative Control Court: Immigration Court, 5520 Greens Rd., Houston, TX 77032Hearing conducte y: Telephone Conference/Video Conference

~ ~ E : ; ; . : D ~ . S E R ~ ~ Q w ) E BY: 2/tlpM 1-

T H I S ~ O MENT WASTO: ALIEN [M]DATE: /20/2012Attachments: [ ]Form EOIR 7 - 4T

Immigrat ion JudgeDate: August 20, 2012

SERVED BY: MAIL(M)\ PERSONAL SERVICE (P) FAX (F)C ~ ~ ! r 1 ~ OF SERVICEALIEN c /o C u ~ ~ 4 5 f f i c e r [ ] Alien ' s ATT/REP [M+F] DHSBY: COURT S T A F F ~ ~ L ~ - ~ W ~ i ~ l ~ l ~ i ~ a ~ m ~ s ~ ~ - - ~ - ~ ~ - EOIR-33 [ ] EOIR-28 [ ] Legal Serv ices Lis t [ ] Other(REMOVAL Order)

adonay migueles alfaro, a205 291 592 (bia dec. 13, 2012)

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