Professional Documents
Culture Documents
Department of Justice
Executive Office for Immigration Review
OHS/ICE Office of Chief Counsel - TUS P.O. Box 25158 Phoenix, AZ 85002
A 095-784-426
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DorutL c11/Vt.)
Donna Carr Chief Clerk
Enclosure
Cite as: Lucero Pulido-Aguirres, A095 784 426 (BIA July 29, 2013)
File: In re:
Date:
JUL 2 9 2013
IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: Pro se Matthew W. Kaufinan Senior Attorney APPLICATION: ORDER: Continuance
The respondent has appealed the Immigration Judge's June 26, 2012, decision to the extent that the Immigration Judge denied the motion for a continuance. We acknowledge the reasoning Nonetheless, in an
abundance of caution, we find it appropriate to remand the record for the Immigration Judge and the parties to determine the respondent's eligibility for a provisional unlawful presence waiver. See Application for Provisional Unlawful Presence Waiver (Form I-601A). Accordingly, the
record is remanded to the Immigration Judge for further proceedings consistent with the foregoing opinion and for the entry of a new decision.
Cite as: Lucero Pulido-Aguirres, A095 784 426 (BIA July 29, 2013)
UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT 300 West Congress Suite 300 TUCSON, ARIZONA
File:
A095-784-426
June 26,
2012
In the Matter of
CHARGE:
of the Act,
as amended.
APPLICATION:
PATRICIA MEJIA,
Esquire
MATTHEW KAUFMAN,
ORAL DECISION AND ORDER OF THE IMMIGRATION JUDGE The respondent, whose name is Ms. Lucero Pulido-Aguirres,
is a female native and citizen of Mexico who entered into the United States through Nogales, without being inspected. The Department of Homeland Security started these removal proceedings by filing a Notice to Appear. See Exhibit 1. Arizona, December 2008 illegally
The respondent,
admitted
the factual allegations are true and correct and conceded the charge of removability. Based on this, the Court found Mexico
removability sustained by clear and convincing evidence. is designated as the country of removal if necessary.
No fear of return was expressed to go back to that country. No fear of torture by any government official. The respondent Change of
Services classification CR-1 visa petition filed and approved. The respondent is married to a United States citizen. Exhibit 4
is the documentation regarding a prior joint motion to continue and the Court order granting that. Exhibit 5 is a document
submitted by the respondent's attorney of record showing the respondent wants to apply for an immigrant visa. The respondent, through her attorney of record, 2012, orally
unlawful presence requirements to remain in the United States to obtain one's resident status could change in the future. Department opposed the motion for a continuance. agreed. The
The Court
The Court has no authority to postpone a case based on if that change ever does occur. is ineligible based on her
A095-784-426
June 26,
2012
The
respondent sought post-conclusion voluntary departure so she could reserve her right to file an appeal and she is worthy of being granted that. Accordingly, the following orders are entered. ORDER IT IS ORDERED that the application for voluntary departure is granted until August 27, 2012, upon a posting of a bond in
.
2012.
Immigration Judge
A095-784-426
June 26,
2012
CERTIFICATE PAGE
I hereby certify that the attached proceeding before JUDGE SEAN H. KEENAN, in the matter of:
LUCERO PULIDO-AGUIRRES
A095-784-426
TUCSON,
ARIZONA
is an accurate,
by the Executive Office for Immigration Review and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.
. .
CfiJW
FREE STATE REPORTING, AUGUST 23, 2012 Inc. {Completion Date)