._ .

Puntier, Noemi 5720 Buford Hwy., Ste. 206 Norcross, GA 3007 1

Name: Mullins-McBride, Richard Alonzo

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Chief Clerk

5107 Leesburg Pike, Suite 2000 Falls Cliurcli. Virginia 20530

OHS/ICE Office of Chief Counsel - SOC 14 6 CCARd. Lumpkin, GA 3 1815

A 043-563-33 1

Date of this Notice: 5/8/2014

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

Enclosure

Panel Members: Manuel, Elise

Sincerely,

Donna Carr Chief Clerk

For more unpublished BIA decisions, visit www.irac.net/unpublished

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Cite as: Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)

Mullins -McBride, Richard Alonzo A0 43·56 3·331 1 46 CCARd. Lumpkin, GA 31815

Name: Mullins- McBride, Richard Alonzo

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Chief Clerk

5107 Leesburg Pike. Suite2000 Falls Church. Virginia 20530

OHS/ ICE Office of Chief Counsel -SOC 146 CCARd. Lumpkin, GA 31815

A 0 43-56 3-331

Date of this Notice: 5/8/2014

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

Enclosure

Panel Members: Manuel, Elise

Sincerely,

Donna Carr Chief Clerk

. : . ,,..�• "· . . � ·-.

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Cite as: Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)

U.S". Department of Justice Decision of the Board of Immigration Appeals

·- � Executive Office for Immigration Review ,

1Falls Church, Virginia 20530

File: A043 563 331 - Lumpkin, GA Date: MA'< - 8 20'4

In re: RICHARD ALONZO MULLINS-MCBRIDE a.k.a. McBride Mullins A. Muillins a.k.a. Richard A. Mullins-McBride a.k.a. Richard A. Mullinsmcbride a.k.a. Ricahrd Alonzo Mullins a.k.a. Richard Alonzo Mullinsmcbride a.k.a. Richard Mullins­McBride a.k.a. McBride Alonzo Mullins a.k.a. Richard Alonzo McBride a.k.a. Richard Alonzo Mullins

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Noemi Puntier, Esquire

ORDER:

The respondent, a native and citizen of Honduras, has appealed from the Immigration Judge's decision dated January 27, 2014. We review questions oflaw, discretion, and judgment arising in appeals from decisions of Immigration Judges de novo, whereas we review findings of fact in such appeals under a "clearly erroneous" standard. See 8 C.F.R. § 1003.l(d)(3).

Although the Immigration Judge's written order dated January 27, 2014, noted that the respondent had waived appeal, the transcript reveals that the Immigration Judge did not make clear to the pro se respondent that his waiver of the right to appeal was irrevocable (Tr. at 84 ). We therefore find that the respondent's waiver of appeal was not a lmowing and intelligent one. See Matter of Rodrigu,ez-Diaz, 22 I&N Dec. 1320 (BIA 2000).

Because the Immigration Judge had concluded that the respondent had waived appeal, she did not prepare a full decision including fact-finding and legal analysis with regard to the respondent's removability and any eligibility for relief from removal. We therefore will remand the record to the Immigration Judge for the preparation of a more complete decision. See Matter of S-H-, 23 I&N Dec. 462 (BIA 2002); Matter of A-P-, 22 I&N Dec. 468 (BIA 1999).

In addition, the respondent has submitted new evidence on appeal bearing upon his removability. We grant the respondent's motion to remand for the Immigration Judge to consider the new evidence.

Accordingly, the record is remanded to the Immigration Court for further proceedings.

�Y�.,,Q FOR THE BOARD

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Cite as: Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)

. _,

IMMIGRATION COURT

146 CCA· ROAD LUMPKIN, GA 31815

In the Matter of

Case No.: A043-563-331

MULLINS-MCBRIDE, RICHARD ALONZO

Respondent

ORDER OF THE IMMIGRATION JUDGE

This is a summary of the oral decision entered on _,__,_--."-#-4�---� This memorandum is solely for the convenience of th proceedings should be appealed or reopened, the or

the

become

th fficial opinion in the case.

The respondent was ordered

or in the alternative to .--�''"'\.._�rlf:..,.""'-'"V"""-""""'� [ ] Respondent's application o voluntary departure was denied and

respondent was ordered removed to or in the alternative to . Respondent's application for voluntary departure was granted until

upon posting a bond in the amount of $ with an alternate order of removal to .

Respondent's application for:

[ ] Asylum was ( )granted )denied( )withdrawn. [ ] Withholding of removal was ( )granted ( )denied )withdrawn. [ ] A Waiver under Section ��- was ( )granted ( }denied ( }withdrawn. [ ] Cancellation of removal under section 240A(a) was ( )granted ( )denied

( )withdrawn. Respondent's application for:

[ ] Cancellation under section 240A(b) (l} was ( ) granted ) denied

[ [ [ [

( ) withdrawn. If granted, it is ordered that the respondent be issued all appropriate documents necessary to give effect to this order.

Cancellation under section 240A(b) (2) was ( )granted ( )denied

( )withdrawn. If granted it is ordered that the respondent be issued all appropriated documents necessary to give effect to this. order. Adjustment of Status under Section was ( )granted ( )denied ( )withdrawn. If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order. Respondent's application of ( ) withholding of removal ( ) deferral of removal under Article III of the Convention Against Torture was ( ) granted ( ) denied ( ) withdrawn.

Respondent's status was rescinded under section 246.

Respondent is admitted to the United States as a As a condition of admission, respondent is to post a $

until bond.

Respondent knowingly filed a frivolous asylum application after proper notice.

Respondent was advised of the limitation on discretionary relief for failure to appear as ordered in the Immigra udge•s oral Proceedings were terminated. Other: Date: Jan 13, 2014

Appeal Due

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