Office for Immigration Review
File: A087 511
re: JOSE MANUEL BELTRAN, JR.
BEHALF OF RESPONDENT: Kar1yn Skall, Esquire
BEHALF OF DHS:
CounselAPPLICATION: TenninationThe Department
Homeland Security (''DHS'') appeals the decision
the ImmigrationJudge dated March 16, 2011, terminating proceedings against the respondent. The appeal will
sustained.The respondent, a native and citizen
conceded that he is subject
removalfrom the United States (see Exh. 2). The authority
the Immigration Judge to terminateremoval proceedings is limited
regulation to a few narrow circumstances not applicable here.
1238.1(e), 1239.2(£); 8 C.P.R.
1240.10(c), (d), 1240.12(c) (requiring thatpleadings
the Immigration Judge make findings as to removability in hisdecision);
see also Matter
22 I&N Dec. 1378, 1380 (BIA 2000) (requiringtermination where no charge
removability is sustained;
22 I&N Dec. 281,283-84 (BIA 1998). The mere lack
opposition in this case from the DHS to the respondent'smotion to terminate did not amount to a cognizable basis upon which these removal proceedingscould
terminated. Where, as here, the DHS did
the motion to tenninate andremovability has been established, the Immigration Judge had no authority to tenninate theseproceedings. Accordingly, the following order is entered.ORDER: The
appeal is sustained, these removal proceedings are reinstated, and therecord is remanded to the Immigration Court for further proceedings consistent with theforegoing opinion and for the entry
a new decision.
Cite as: Jose Manuel Beltran, Jr., A087 511 270 (BIA Nov. 30, 2012)