Professional Documents
Culture Documents
Department of Justice
Aparisi, Jaime Winthuysen, Esq. Law Offices of Jaime Winthuysen Aparisi 8630 Fenton Street, Suite 932 Silver Spring, MD 20910
OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201
A 094-217-628
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DGnltL ctVVt.J
Donna Carr Chief Clerk
Cite as: Wilfredo Hernandez-Garcia, A094 217 628 (BIA Feb. 26, 2014)
U.S.
Department of Justice
File:
Date:
In re: WILFREDO HERNANDEZ-GARCIA IN REMOVAL PROCEEDINGS APPEAL AND MOTION ON BEHALF OF RESPONDENT: APPLICATION: Remand Jaime Winthuysen Aparisi, Esquire
FEB 2 6 2014
The respondent, a native and citizen of El Salvador, appeals from the Immigration Judge's decision dated May 7, 2012, denying his motion to suppress and terminate, and finding him removable from the United States. The respondent informs us that he is no longer appealing the denial of his motion to suppress and terminate, and he has instead filed a motion to remand to seek voluntary departure pursuant to section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. 1229c(b). According to the respondent, he married a lawful permanent resident on May 25, 2012, she intends to file a visa petition (Form I-130) on his behalf, he had no reason to request voluntary departure before the Immigration Judge, and that his voluntary departure request is based on circumstances that have arisen subsequent to the hearing.
See
8 C.F .R.
1003.2(c)(l) (a motion to reopen for the purpose of affording the alien an opportunity to apply for any form of discretionary relief shall not be granted if it appears that the alien's right to apply for such relief was fully explained to him or her and an opportunity to apply therefore was afforded at the former hearing, unless the relief is sought on the basis of circumstances that have arisen subsequent to the hearing (emphasis added). The motion to remand will be granted, inasmuch as the respondent's circumstances have changed since the hearing. Accordingly, the following order will be entered. ORDER: The motion to remand is granted, and the record ts remanded for further
r;My)l..J
Cite as: Wilfredo Hernandez-Garcia, A094 217 628 (BIA Feb. 26, 2014)
UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BALTIMORE, MARYLAND
File:
A094-217-628
May 7,
2012
In the Matter of
GARCIA
IN REMOVAL PROCEEDINGS
CHARGES:
APPLICATIONS:
CLAUDIA FLOWER
B ILLY SAPP
ORAL DEC IS ION OF THE IMMIGRATION JUDGE At a prior hearing, the Court made a finding after
listening to testimony and the arguments of the parties that all four of the factual allegations were sustained and that removability as charged was established under 212 (a ) The respondent's motion to terminate was denied. February 21, 2012,
( 6) (A )
(i).
that had the application been for voluntary departure, respondent would have had to explain how he would have merited a favorable exercise of discretion in a case in which the record reflects that he had previously been granted the privilege of a voluntary return. In any event, because the respondent has the following order
The respondent shall be removed from the United States to El Salvador based on the charge in the Notice to Appear. appeal deadline in this case is June 6, 2012. The
A094-217-628
May
7,
2012
LISA DORNELL,
A094-217-628 MARYLAND
BALT IMORE,
is an accurate,
verbatim transcript of the recording as provided Immigration Review and that this is
t he original transcript thereof for the file of the Executive Office for Immigration Review.
GRACE SHIPPS
(Transcriber) Inc.
(Completion Date)