^

Name: CHERONE ROJAS, ELISA

Riders: 087-947-635
U.S. Department of Justice
Executive Ofce fr Immigation Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesbur Pike, Suite 2000
Fals Church, Virinia 22041
OHS/ICE Ofice of Chief Counsel - BUF
130 Delaware Avenue, Room 203
Bufalo, NY 14202
A087-947-634
Date of this notice: 5/27/2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Miller, Neil P.
Sincerely,
Donna Car
Chief Clerk
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Cite as: Elisa Cherone-Rojas, A087 947 634 (BIA May 27, 2011)
U.S. Department of Justice
Executive Ofce fr Imigation Review
Decision of the Board of Im igation Appeals
Falls Church, Virginia 22041
Files: A087 947 634- Bufalo, NY
A087 947 635
I re: ELISA CHERONE-ROJAS
LIGIA GONZALEZ-CHERONE
I REMOVAL PROCEEDIGS
APPEAL
ON BEHALF OF RSPONDENTS: Pro se
Date:
ON BEHALF OF DHS: Joy A. Merrima
Assistant Chief Counsel
ORER:
NY 172011
The respondents were ordered removed in absentia on June 4, 2010. The Immigration Judge
fund that they were subject to removal as charged by the Department of Homelad Securit (the
"DHS"). The DHS accepted the Immigation Judge's decision a fal (Tr. at 2), but nevertheless
fled a Notice of Appeal, For EOIR-26, in which it claims tat the judge ered in "terinating" the
proceedings, and "refsing to rule on the removal charges ."1 The DHS' contentions are inapposite
to what actually occurred at te removal hearing, or to what the Imigation Judge concluded in his
oral decision. It appears that the appeal in this case was fled by mistake, where the Immigration
Judge reached the result sought by the DHS at the removal heaing. Tr. at 2; cf
8 C.F .R. 1003.1 ( d)(2)(i)(C)(appeal subject to suma dismissal where part was granted the relief
requested). The appeal is, therefre, dismissed.
_QL--
F THE BOARD
1A briefng schedule wa set in ths matter, but neither pa fled a bref.
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Cite as: Elisa Cherone-Rojas, A087 947 634 (BIA May 27, 2011)
` PM

'
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE.FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRTION COURT
Buffalo, New York
File No. : A 087 947 634
A 087 947 635
A 078 385 987
June 4, 2010
In the Matter of
ELISA CHERONE ROJAS
ELUGIA GONZALEZ CHERONE
BRENT ALEXADER YOUG
Respondents
CHARGE:
APPLICATIONS:
ON BEHAF OF RESPONDENTS:
In absentia
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IN REMOVAL PROCEEDINGS
ON BEHLF OF DHS:
Joy A. Merriman
ORL DECISION OF THE IMMIGRATION JUDGE
Jurisdiction was established in each of these cases by the
issuance of a Notice to Appear and personal service upon the
respondents according to Exhibit No. 1 in their respective record
of proceedings herein. Furthermore, notice of today's hearing
that was to be conducted on this date was likewise given to the
respondents, wherein they had an opportunity to be present but
failed to appear or neglected to appear. No reason has been
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.
filed for exceptional circumstances to advise the Court why the
respondents are absent. Therefore these proceedings are being
conducted in absentia.
Additionally, the Government has handed up evidence which
appears to establish allegations of facts set forth in the
respective Notices to Appear. Therefore, removal has been
established as charged. All pending applications are hereby
deemed abandoned for lack of prosecution, and it is the order are
of the Court that the respondents are hereby removed and deported
on the charges as set forth and contained their respective
Notices to Appear.
Judge
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A 087 947 634/635
A 078 385 987
2 June 4, 2010
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\,
CERTIFICATE PAGE
I hereby certify that the attached proceeding before
JDGE PHILIP J. MONTANTE, JR., in the matter of:
BRENT ALEXDER YOUG
A 078 385 987
Ref: A 087 947 634
Buffalo, New York
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 Imigration Review.
lotti, Transc iber
Free State Reporting, Inc.
July 7, 2010
(completion date)
By submission of this CERTIFICATE PAGE, the Contractor certifies
that a Sony BEC/T-147, 4-channel transcriber or equivalent, and/or
CD, as described in Section C, paragraph C.3.3.2 of the contract,
was used to transcribe the Record of Proceeding shown in the above
paragraph.
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