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Jose Luis Gonzales, A029 158 835 (BIA Nov. 26, 2013)

Jose Luis Gonzales, A029 158 835 (BIA Nov. 26, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act (NACARA). The Board found that the respondent, who owned a small supply store while living in Guatemala, did not provide “material support” to guerillas who repeatedly stole food from his store while holding him at gunpoint. The decision was written by Member Roger Pauley.
In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act (NACARA). The Board found that the respondent, who owned a small supply store while living in Guatemala, did not provide “material support” to guerillas who repeatedly stole food from his store while holding him at gunpoint. The decision was written by Member Roger Pauley.

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Published by: Immigrant & Refugee Appellate Center, LLC on Dec 05, 2013
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05/06/2015

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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Jose Luis Gonzales, A029 158 835 (BIA Nov. 26, 2013)
 
U.S. Department of Justice
Executive Ofce r Immigration Review Desion of the Board o mmigron Appeals Fal Chuch, Virgina
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File: A029158 835-tlanta, G Date In re JOSE LUIS GONZLES IN REMOL PROCEEDINGS PPEL ON BEHLF OF RESPONDENT Colina ntonini, Esquire ON BEHLF OF DHS: CHRGE Renae M Hansell Senior oey V
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 Notice Sec. 237(a)()() I& N ct [8 U.SC § 1227(a)(l)()] Inadmissible at time of entry or adjustnent of sttus under section 212(a)(7)()(i)(I) I& N ct [8U.SC.§l182(a)(7)()(i)(I)] Immigrant no valid immigant visa or entry document PPLICTION: Special ule cancellation of removal uder N CR The Departnent of Homeland Security ("DHS) timely appeals an Immigation Judge's decision dated November 28 2012 nding the respondent, a native nd citizen of Guatemala, to be removable as chged, but grnting is application r special rle cancellation of removal under the Nicaraguan djusnent and Central merican Relief ct of 1997, Pub L No 105100, 111 Stat 2193, 2196 (NCR)The appeal will be dismissed The basic cts of  this case are not in dispute Begining in January or February of 1987 he respondent owned nd operated a small supply store r a period of approximately 6 months (Tr at 4950, 76) On ve or six occasions during that period, a group of seeral unidentied armed men (described as "ve, six [or ] seven) came to his store, treatened him and took approximately 50 pounds of od products each time (Trat 7678). The respondent testied that some of he men were in urm and some were dressed as civilians and at he was unable to distinguish between military and guerrilla unirms (Tr. at 7575). On appeal, he DHS rgues that he Immigration Judge erred in granting relief in this case as  the respondent was brred because he provided mateial suppor to Guatemalan guerrillas at a  time when hose guerillas were known as a terrorist organization, and that the respondent knew or should have known that the guerrillas to whom he provided od were engaged in terrorist activity
See
section 212(a)(3)(B)(iv)(I) of the ct 8 US.C § l 182(a)(3)(B)(iv)(I) In making his argument the DHS argues that the Immigration Judge "appears to have und, albeit not explicitly, that he respondents conduct    was done under duress and that such a
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The DHS has not appealed the Immigation Judges grnt ofnonLPR cancellation of removal  to the respondents wi (097 209 821)
Cite as: Jose Luis Gonzales, A029 158 835 (BIA Nov. 26, 2013)

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