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

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

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In this unpublished opinion by Member John Guendelsberger, the Board of Immigration Appeals (BIA) remands the case to the Immigration Judge because the Immigration Judge failed to inform the respondent that he might be eligible for voluntary departure or inquire whether he wanted to seek voluntary departure.
In this unpublished opinion by Member John Guendelsberger, the Board of Immigration Appeals (BIA) remands the case to the Immigration Judge because the Immigration Judge failed to inform the respondent that he might be eligible for voluntary departure or inquire whether he wanted to seek voluntary departure.

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Published by: Immigrant & Refugee Appellate Center, LLC on Feb 24, 2013
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10/12/2013

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Rios, J.
Jesus
J.
Jesus
Rios, P.C.8600
Howard
Drive, Ste.200
Houston,
TX 77017
U.S.
Department
of
Justice
Executive Office for Immigration Review
Board
of
mmigration AppealsOffice
of
he Clerk
5/lJ? Leesburg
Pike,
Suile
20()0
Falls Church, Virginia 22041
DHS/ICE
Office
of
Chief
Counsel
-POK3400
FM
350
SouthLivingston,
TX
77351Name: MIGUELES ALFARO,
ADONAY
A 205-291-592Date
ofthis
notice:
12/13/2012
Enclosed is a copy
of
the Board's decision and order in the above-referenced case.Enclosure
Panel Members:Guendelsberger, John
Sincerely,
OOn.ttLCa.JVU
Donna Carr
Chief
Clerk
LulsegesUserteam: Docket
Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)
 
MIGUELES ALFARO, ADONAYA205-291-592
U.S.
Department
of
Justice
Executive Oftice for Immigration Review
Board
of
mmigration AppealsOffice
of
he Clerk
5107
Leesburg
Pike, Suile 2000
Falls Church. Virgmia 22041
DHS/ICE Office
of
Chief
Counsel -POK3400
FM
350
South
POLK COUNTY DETENTION CENTER3400
FM
350 SOUTH
Livingston,
TX 77351LIVINGSTON, TX 77351Name: MIGUELES ALFARO, ADONAYA 205-291-592Date
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 within30days
of
the date
of
the decision.Enclosure
Panel Members:Guendelsberger, John
Sincerely,
Dcn.ttLCtV&AJ
Donna CarrChief Clerk
Lulseges
Userteam: Docket
Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)
 
U.S.
Department
of
Justice
Executive
Office for Immigllltion
Review
Decision
of
he
Board
ofimmigllltion
AppealsFalls
ChutCb,
Vu:ginia 22041
File:
A205 291
592
-Livingston,
TXDate:
In
re:
ADONAY
MIGUELES
ALFARO
a.k.a. Adonay
Alfaro Migueles
a.k.a. Adonay Alfaro
IN
REMOVAL
PROCEEDINGS
APPEALONBEHALFOF
RESPONDENT:
J.
Jesus
Rios,
Esquire
ON
BEHALF OF
DHS:
Richard
W.
BennettAssistant Chief
Counsel
APPUCATION: 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 on
appeal,
but requests a
remand
for
purposes
of
requesting voluntary departure.
The
Department
of
Homeland 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,
andall
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
the
forms
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).
The
record reflects
that,
in
this case, the Immigration Judge
did
not inform the respondent that
he
might
be
eligible for voluntary departure
under
section 240B(a)(l)
of
the
Immigration
and
Nationality
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
mightbe
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 Immigration
Judge
explicitly or implicitly pretermitted
an
application
for
voluntary departure.
In
view
of
the
foregoing,
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.
Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)

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