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Lucero Pulido-Aguirres, A095 784 426 (BIA July 29, 2013)

Lucero Pulido-Aguirres, A095 784 426 (BIA July 29, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case "in an abundance of caution" for consideration of whether the respondent was eligible for a provisional unlawful presence waiver (Form I-601A) based on her marriage to a U.S. citizen. The decision was written by Vice Chairman Charles Adkins-Blanch.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case "in an abundance of caution" for consideration of whether the respondent was eligible for a provisional unlawful presence waiver (Form I-601A) based on her marriage to a U.S. citizen. The decision was written by Vice Chairman Charles Adkins-Blanch.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 02, 2013
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U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
51071.eesburg l'ike. Suite 2000 Falls Church. l'irginia 220.//

OHS/ICE Office of Chief Counsel - TUS P.O. Box 25158 Phoenix, AZ 85002

Immigrant & Refugee Appellate Center | www.irac.net

Name: PULIDO-AGUIRRES, LUCERO

A 095-784-426

Date of this notice: 7/29/2013

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

Panel Members: Adkins-Blanch, Charles K.

schuckec Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Lucero Pulido-Aguirres, A095 784 426 (BIA July 29, 2013)

U.S. Department of Justice Executive Office for Immigration Review
Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File: In re:

A095 784 426 - Tucson, AZ

Date:

JUL 2 9 2013

LUCERO PULIDO-AGUJRRES a.k.a. Lucero Pulido-Aguirre

Immigrant & Refugee Appellate Center | www.irac.net

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

for the Immigration Judge's denial of the motion for a continuance.

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

Immigrant & Refugee Appellate Center | www.irac.net

File:

A095-784-426

June 26,

2012

In the Matter of

) LUCERO PULIDO-AGUIRRES RESPONDENT ) ) ) IN REMOVAL PROCEEDINGS

CHARGE:

Section 212(a) (6) (A) (i)

of the Act,

as amended.

APPLICATION:

Conclusion voluntary departure.

ON BEHALF OF RESPONDENT: ON BEHALF OF OHS:

PATRICIA MEJIA,

Esquire

MATTHEW KAUFMAN,

ASSISTANT CHIEF COUNSEL

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

1

The respondent,

through her attorney of record,

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.

Immigrant & Refugee Appellate Center | www.irac.net

No fear of return was expressed to go back to that country. No fear of torture by any government official. The respondent Change of

submitted Exhibit 2 through her attorney of record, Address Form. Exhibit 3

the U.S. Citizenship and Immigration

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

motioned to the Court on June 26,

to postpone the case so with

that a change of law could occur and that Section 245(i)

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

a change of law in the future, The respondent,

all parties agree,

A095-784-426

2

June 26,

2012

unlawful presence, United States.

illegal entry to adjust her status in the

The Government is not opposed to voluntary departure.

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
.· ·

Immigrant & Refugee Appellate Center | www.irac.net

the amount of $500 by July 3 ,

2012.

If this does not all occur,

an alternate order of removal will be entered to Mexico without further hearing.

Immigration Judge

A095-784-426

3

June 26,

2012

·-·

.

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE SEAN H. KEENAN, in the matter of:

Immigrant & Refugee Appellate Center | www.irac.net

LUCERO PULIDO-AGUIRRES

A095-784-426

TUCSON,

ARIZONA

is an accurate,

verbatim transcript of the recording as provided

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.

. .·

CfiJ�W
FREE STATE REPORTING, AUGUST 23, 2012 Inc. {Completion Date)

ELIZABETH THOMAS (Transcriber)

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