In this unpublished decision, the Board of Immigration Appeals (BIA) administratively closed proceedings in light of the granting of the respondent’s application for deferred action under the Deferred Action for Childhood Arrivals (DACA) program. The decision was issued by Member Edward Grant.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) administratively closed proceedings in light of the granting of the respondent’s application for deferred action under the Deferred Action for Childhood Arrivals (DACA) program. The decision was issued by Member Edward Grant.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) administratively closed proceedings in light of the granting of the respondent’s application for deferred action under the Deferred Action for Childhood Arrivals (DACA) program. The decision was issued by Member Edward Grant.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
2250 N. Druid Hills Road., Suite 290 Atlanta, GA 30329-0000 Name: PEREZ-CANTE, MAURILIO U.S. Department of Justice Executive Offce fr Imigration Review Board of Immigration Appeals Ofce of the Clerk 5107 Leesburg Pike, Suite 2000 Fals Church. Virginia 20530 OHS/ICE Ofce of Chief Counsel - A TL 180 Spring Street, Suite 332 Atlanta, GA 30303 A 087-459-83 Date of this notice: 8/11/2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Grant, Edward R. Sincerely, D0 c a Donna Carr Chief Clerk Tr;:1nC Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t
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w w w . i r a c . n e t Cite as: Maurilio Perez-Cante, A087 459 483 (BIA Aug. 11, 2014) 4 . U.S. Department of Justice Executive Ofce fr Imigration Review Decision of the Board of Imigration Appeals Falls Chuch Viginia 20530 File: A087 459 483 - Atlata, GA In re: MAURILIO PEREZ-CANTE IN REMOVAL PROCEEDINGS APPEAL AND MOTION ON BEHALF OF RESPONDENT: Peter R. Hill, Esquire ON BEHALF OF DHS: Randal W. Dunca Assistant Chief Counsel Date: AUG 11 2014 APPLICATION: Contiuace; volunta deature; aministative closure A appeal fom te Imigation Judge's decision in tis case is curetly pending befre te Boad of Imigation Appeas ("Board"). Te respondent has moved fr admiistatve closue of tese remova proceedings as te Deaent of Homelad ("DHS") has gate him immigaton beefts ude its Defered Action fr Childhood Avals proga. The Notice of Defred Action indicates tat te OHS ha eleced to defe reova action until April 23, 2016. Consideg these circustaces, te respondet's motion will be gated. See Matter of Avetisan, 25 I&N Dec. 688 (BI 2012). If eite pa to tis case wishes to renstate te prceding, a writte request to reinstate te proceedings may be made to te Boad. Te Boad will tae no fe action in te cae uless a reuest is receive fom one of te paies. Te requet must be sbmtte directy to te Clek's Ofce, witout fee, but wit cerfcation of sece on te opposing pa. Accordingly, te fllowing orde will be entere. ORDER: Te proceeings befre te Boad of Imigation Appeas in this case ae ainistatvely closed. I m m i g r a n t
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w w w . i r a c . n e t Cite as: Maurilio Perez-Cante, A087 459 483 (BIA Aug. 11, 2014) UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRTION COURT ATLANTA, GEORGIA File: A087-459-483 In the Matter of May 23, 2013 MAURILIO PEREZ-CANTE ) ) ) ) IN REMOVAL PROCEEDINGS RESPONDENT CHARGES: Section 212(a)(6)(A)(i). APPLICATIONS: Continuance; voluntary deparure. ON BEHALF OF RESPONDENT: PETER R. HILL ON BEHALF OF OHS: GREGORY E. RADICS ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is an adult male, native and citizen of Guatemala, who was placed in removal prceedings with the filing of a Notice to Appear with the Cour charging removability pursuant to the provisions of 212(a)(6)(A)(i) of the INA. Previously, on December 7, 2010, the respondent was ordered removed from the United States. Following an appeal to the Board, in a remand dated October 22, 2012, the Board remanded the case with instructions to make specific findings as to eligibility for voluntary deparure or any other relief the respondent qualified for. The issue of removability was previously resolved adversely to the respondent 1 I m m i g r a n t
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w w w . i r a c . n e t and that is not befre the Cour at the present time. Counsel fr the respondent profers that his client has applied for Deferred Action Childhood Arrival (DACA) and requested a continuance for adjudication of the DACA application. The Government opposed a continuance, noting that DACA is ar extra judicial, administrative relief that is not afected by Cour proceedings including an order by this Cour. Considering the position of the paries, the Cour will deny the application for a continuance. It does not strike the Cour as the best use of its time to continue the case fr adjudication of an administrative benefit which is not afected by a Cour order. The respondent's counsel profered that he is statutorily eligible for voluntar deparure. The Cour accepts that profer. The Goverment then opposed no objection to a grant of voluntary deparure. Accordingly, afer careful review of the recor, the fllowing orders are entered: ORDER IT IS HEREBY ORDERED that the respondent's application for a continuance for adjudication of his DACA application is denied. IT IS FURTHER ORDERED that the respondent's application for voluntar deparure under 2408 of the INA is granted. The respondent must depar the United States on or befre June 23, 2013. The respondent must post a bond to the Deparment of Homeland Security in the amount of $3,000 within fve business days of today's date. If the respondent fails to post the required bond or fails to depar as required, the privilege to voluntarily depart shall be A087-459-483 2 May 23, 2013 I m m i g r a n t
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w w w . i r a c . n e t withdrawn immediately, without further notice or proceeding, and the respondent shall be removed frm the United States to Guatemala. A08 7-459-483 J. DAN PELLETIER Immigration Judge 3 May 23, 2013 I m m i g r a n t
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w w w . i r a c . n e t ' . CERTIFICATE PAGE I hereby cerif that the attached proceeding before JUDGE J. DAN PELLETIER, in the matter of: MAURILIO PEREZ-CANTE A087-459-483 ATLANTA, GEORGIA was held as herein appears, and that this is the orginal transcript thereof for the file of the Executive Ofice fr Immigration Review. FREE STATE REPORTING, lnc.-2 AUGUST 21, 2013 (Completion Date) I m m i g r a n t