U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5107 leesburg Pike, Suite 2000 Fa/Js Church, Virginia 20530

Kimberly B. Medina, Esq. 308 Cherry Street Fort Collins, CO 80521

OHS/ICE Office of Chief Counsel - DEN 12445 East Caley Avenue Centennial, CO 80111 -5663

Immigrant & Refugee Appellate Center | www.irac.net

Name: GARCIA-AGUIRRE, JOSE JUAN

A 094-985-673

Date of this notice: 10/25/2013

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

DcnrtL ct1/lA.)
Donna Carr Chief Clerk

Enclosure Panel Members: Holmes, David B.

Lulseges Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Jose Juan Garcia-Aguirre, A094 985 673 (BIA Oct. 25, 2013)

...

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 40530

Decision of the Board of Immigration Appeals

File:

A094 985 673

Denver, CO

Date:

OCl St; 2013

In re: JOSE

JUAN GARCIA-AGUIRRE

IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Kimberly B. Medina, Esquire

Nathan L. Herbert Assistant Chief Counsel

The Department of Homeland Security C'DHS") and the respondent have filed a joint motion to reopen and administratively close these proceedings based upon DHS' exercise of prosecutorial discretion. The motion to reopen proceeding will be granted, and the proceedings will be administratively closed. If either party to this case wishes to reinstate the proceedings, a written request to reinstate the proceedings may be made to the Board of Immigration Appeals ("Board"). The Board will take no further action in the case unless a request is received from one of the parties. opposing party. Accordingly, the following orders will be entered. ORDER: The joint motion to reopen is granted. FURTHER ORDER: The proceedings before the Board of Immigration Appeals in this case are administratively closed. The request must be submitted directly to the Clerk's Office, without fee, but with certification of service on the

FOR THE BOARD

Cite as: Jose Juan Garcia-Aguirre, A094 985 673 (BIA Oct. 25, 2013)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT DENVER, COLORADO

File: A094-985-673 In the Matter of

April 15, 2013

Immigrant & Refugee Appellate Center | www.irac.net

JOSE JUAN GARCIA-AGUIRRE RESPONDENT

) )

IN REMOVAL PROCEEDINGS

) )
Immigration and Nationality Act Section 237(a)(1 )(B).

CHARGE:

APPLICATIONS:

Suppression and termination of proceedings; voluntary departure pursuant to Immigration and Nationality Act Section 2408(b).

ON BEHALF OF RESPONDENT:

KIMBERLY BAKER-MEDINA 308 Cherry Street Fort Collins, Colorado 80521

ON BEHALF OF OHS:

MICHAEL TRUMAN, ASSISTANT CHIEF COUNSEL Denver, Colorado

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is 41 years old. He is a native and citizen of Mexico. The Notice to Appear was issued to him on December 12, 2008 (Exhibit 1) . The respondent, through counsel, has submitted a motion to suppress and to terminate the proceedings. The respondent, through counsel, has alleged violation of the Fifth Amendment to the Constitution's requirement of fundamental fairness. The

Court did consider the motion and, in a written decision dated December 13, 2011, the Court denied the suppression motion. The matter was then scheduled for pleadings. The respondent denied all of the factual allegations in the Notice to Appear and denied the charge. The Government has

Immigrant & Refugee Appellate Center | www.irac.net

provided evidence to support the Notice to Appear and that evidence will be in the record as Exhibit 3. Among those items is the 1-213, which establishes alienage, establishes the grounds for removal. Respondent did request voluntary departure under the Immigration and Nationality Act, Section 240B(b ), and, in support of the application, he testified that he was a citizen of Mexico. The Court believes the evidence is fairly sufficient to establish that the respondent is subject to removal as charged from the United States. With reference to his request for voluntary departure on a post-conclusion basis, the respondent testified that he has no criminal convictions in this country. He has two children. One is a U.S. citizen child, eight and a half years old. The other is a 20-year old who has applied for Deferred Action for Childhood Arrivals. The respondent has been in the country since 2004. I find that he merits the favorable exercise of discretion with reference to the minimal fonn of relief, which is voluntary departure. It may be useful to him at some point in the future to have that form of relief and so it will be granted to the respondent for the maximum period conditioned upon posting of a minimum bond. The follow order shall issue. ORDER The respondent's motion to terminate these proceedings is denied. The respondent's application for voluntary departure under the Immigration and

A094-985-673

April 15, 2013

Nationality Act Section 240B(b) is granted until June 1 4,2013, conditioned upon posting of a voluntary departure bond in the amount of $500 on or before April 22, 2013, and upon the failure to post the bond by that date or to depart the United States by the date given, or such other date as may be assigned by competent party, the respondent shall be removed from the United States to Mexico on the charge set forth in the Notice to Appear.

Immigrant & Refugee Appellate Center | www.irac.net

DONN L. LIVINGSTON Immigration Judge

A094-985-673

April 15,2013

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE DONN L.

LIVINGSTON, in the matter of:

JOSE JUAN GARCIA-AGUIRRE

Immigrant & Refugee Appellate Center | www.irac.net

A094-985-673

DENVER, COLORADO

was held as herein appears, and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.

FREE STATE REPORTING, lnc.-2 JUNE 21, 2013 (Completion Date)