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Edgar Camacho-Infanzan, A089 956 952 (BIA Aug. 6, 2013)

Edgar Camacho-Infanzan, A089 956 952 (BIA Aug. 6, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case to determine whether administrative closure was warranted while the respondent pursued a provisional unlawful presence waiver (Form I-601A) based on a newly approved visa petition filed by his U.S. citizen spouse. The decision was written by Member Sharon Hoffman.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case to determine whether administrative closure was warranted while the respondent pursued a provisional unlawful presence waiver (Form I-601A) based on a newly approved visa petition filed by his U.S. citizen spouse. The decision was written by Member Sharon Hoffman.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 09, 2013
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02/12/2014

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Stevens, Esq., Amanda J.

Stevens & Granados, PLLC.
307 Norh 3rd Street, Suite 3
Yakima, WA 98901
U.S. Department of Justice
Executive Ofce fr Imigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Lebur Pk, Suite 2000
Fall Ch11rch, Vrinia 22041
OHS/ICE Ofice of Chief Counsel • SEA
1000 Second Avenue, Suite 2900
Seatle, WA 98104
Name: CAMACHO-INFANZN, EDGAR A 089-956-952
Date of this notice: 8/6/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Hofman, Sharon
Sincerely,
Do c t
Donna Car
Chief Clerk
Trane
Userteam: Docket
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Cite as: Edgar Camacho-Infanzan, A089 956 952 (BIA Aug. 6, 2013)
U.S. Depaent of Justice
Exte Ofc for Imgton Revew
Deson of te Bod of Imgon App
æ
Faleu Vu 2201
File: A089 956 952 - Sete, WA Date:
AUG 0 6 2013
I re: EDGA CAMACHO-IF AZA a.k.a. Edgar S. Camacho-Ion
I RMOVAL PROCEDIGS
APPEAL A MOTION
ON BEHALF OF RESPONDENT: Amanda J. Stevens, Esquire
ON BEHAF OF DHS: HA Sato
Assistant Chief Counsel
APPLICATION: Continuance; remand
The respondent has appealed the Immigation Judge's December 2, 2011, deision. On
appeal, the respondent b submite additional documentaton to suppor his agument that
proceeings should be administratively closed due to his mar age to a United States citizen. We
shall constre this action as a moton to remand. I paricular, the respondent has submited a
Notice of Action (orm I-797) indicting that a visa pettion fled by his United States citen
spouse was approved on Deember 28, 2011. Morever, durng the pendency of this appeal the
Seretary of the Deparent of Homeland Security published a fnal rle that allows certain
immediate relatives of Unite States citizens to reuest provisional unlawfl presence wavers
prior to depaing fom the United States fr cnsular processing. See Provisionl Unlafl
Presence Waivers, 78 Fe. Reg. 536 (Ja. 3, 2013) (to be codifed at 8 C.F.R pars 103 ad 212).
Under the circumstances of this case, we fnd tha a remand is war te. Upn remad the
Immigation Judge and the parties should address whether the respondent is likely to qu fr
a provisional unlawfl presence waiver ad, if so, whether administrative closure would be
appropriate. I additon we obsere that the record of proceedings does not contain a Notce to
Apper. Upon remand, the Immigation Judge shall also address this issue.
Accordingly, the fllowing order shall be entered:
ORDER: The motion to remand is ganted, ad the reord is remanded to the Immigation
Judge fr fher procedings consistent with the fregoing opinon and fr the ent of a ne
deision.
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Cite as: Edgar Camacho-Infanzan, A089 956 952 (BIA Aug. 6, 2013)
( (
\
UITED STATES DEPATMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRTION COURT
CACHO-INFAZA, EDGA
1955 N 173RD AV., 2215
BEAVERTON, OR 97006
IN THE MTTER OF
CACHO-INFAZA, EDGAR
1000 SECON AVE., SUITE 2500
SEATTLE, WA 98104
FILE A 089-956-952
UALE TO FORWAD - NO ADRESS PROVIDED
DATE: Dec 5, 2011
ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRTION JUGE. THIS DECISION
IS FINAL ULESS A APPEAL IS FILED WITH THE BOAD OF IMIGRTION APPEAS
WITHIN 30 CALENDA DAYS OF THE DATE OF THE MILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS A INSTRUCTIONS FOR PROPERLY PREPAING YOU APPE.
YOUR NOTICE OF APPEAL, ATTACHED DOCUETS, A FEE OR FEE WAIVR REQUEST
MUST BE MILED TO: BOARD OF IMMIGRTION APPEAS
OFFICE OF THE CLERK
P.O. BOX 8530
FALS CHURCH, VA 22041
ATTACHED IS A COPY OF THE DECISION OF THE IMIGRATION JUDGE A THE RESULT
OF YOUR FAILURE TO APPEA AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEAING.
THIS DECISION IS FINAL ULESS A MOTION TO REOPEN IS FILED IN ACCORDACE
WITH SECTION 242B(c) (3) OF THE IMMIGRTION A NATIONALITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 U.S.C. SECTION 1229a(c) (6) IN REMOVA PRO�EEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
1000 SECOND AVE., SUITE 2500
SEATTLE, WA 98104
XX OTHER: SEE ATTACHE ORER & V AVISALS.
CC: OHS ASST. DISTRICT COUNSEL
1000 SECOND AVE., SUITE 2900
SEATTLE, WA, 98104
AA J. STEVENS, ESQ.
307 NORTH 3RD STREET. SUITE 3
YAKIM, WA 98901
IMIGRTION FF
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I the Matter of:
(
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION RVIEW
IMMIGRATION COURT
SEA TLE, WASHIGTON
Date Dec. 2, 2011
Edgar Camacho
File Number A 89 956 952
CHARGE: PWA
APPLICATION:
Respondent
ON BEHALF OF RESPONDENT
IN REMOVAL PROCEEDINGS
Judge Kenneth Josephson
ON BEHALF OF DHS
ORER OF THE IMMIGRTION JUDGE
On Nov. 24, 2009, I entered an oral decision denying the respondent's request fr a general
continuance and provided voluntay departure. On oct. 27, 2011, the Board remanded on the bais
that I had not provided the specifc voluntar departure advisals. (The signed copy of the decision
in the fle does have them as a refrenced fotnote.) The Board's decision otherwise notes that the
appeal was "dismissed" with regard to the substantive relief which had been requested. This was
done afer fll consideration and must be viewed as the law of the case. While the case was on
appeal, there was no suggestion of any frther evidence to be considered of any request to remand
fr some other frm of relief. Per the Board's order, respondent is again given voluntary departre,
this time to Jan. 31, 2012, with a alterate order of removal to Mexico. The atached voluntar
departure advisals are incorporated herein by refrence as is the previous oral decision. I take note
that no one has seen ft to enter a new entr of appearance on behalf of this respondent, so the clerk
is asked to send a courtesy copy to attorey Stevens who last represented him
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. F
r
NOTICE TO RSPONDENTS
GRNTED VOLVNTARY DEPARTUR
You have been ganted the privilege of voluntarly deparing fm the United States of America. The
Cour advises you that. if yu fail to voluntarily depan the United States within the time perod specifed,
a removal order will automatically be entered against you. Puruant to section 240B(d} of the Immigtion
and Nationalit Act, you will also be subjet to the following penalties:
I. You will be subject to a civil penalty of not less than $1 ,000 and not more than $5,000; and
2. You will be ineligible, fr a period of 10 year, to rceive cancellation of rmoval,
adjustment of status, registry, voluntar deparur, or a change of nonimmignt stats.
The Coun fnher advises you that:
0 You have been granted preconclusion voluntary departure.
1. If you fle a motion to reopen or reconsider durng te volunt depare period the gnt
of volunta deparur will be teninatcd automatically, the alterate order of rmoval will
tke efet immediately, and the penalties for filure to depr volutaly under setion
240B(d) of the Act will not apply. 8 C.F.R. § 1240.26(b)(3)(iii).
2. There is a civil monetr penalty if you fail to depar within the voluntar deparre perod.
I accorance wit the rglation, the Cour ha set the presumptive amount of$3,000 (or
/ :
instead of the prsumptive amount). 8 C.F.R. § l240.26().
You have been granted post-conclusion voluntar departure.
• I f the Cour set ay additional conditions, you were advised of tem, and wer given an
opport to accept or deline them. As you have accepte them, you must comply wit
the additonal conditions. 8 C.F.R. § 1240.26(c)(3).
2. The Cour set a specifc bond amount. You wer advised of the bond amount, and were
given an opporunity to accept or decline it. As you have accepte it, you have a dut to
post that bond with the Deparnt of Homeland Securty, Immigtion ad Custom
Enfrcement, Field Ofce Director within S business day of the Cou's order gnting
voluntr depaure. 8 C.F.R. § 1240.26(c)(3)(i).
3. If you have resered yu right to appel, then you have the absolute right t appeal the
decision. If you do appeal, you must prvide to the Boar of Immigtion Appeals, withi
30 days of fling an appeal, sufcient proof of having posted the voluntar depar bond.
The Board will not reinstate the voluntar dcpare period in its fnal order if you do not
submit timely proof to the Board lhat the voluntr deparre bond ha been posted.
8 C.F.R. § 1240.26(c)(3)(ii).
4. If you do not appeal and instead fle a motion to reopen or reconsider during the volunt
deparure period, the period allowed fr voluntr deparre will not be stayd, tolled. or
extended, the grant of voluntar deparre will be terinated automatically, the alterate
order of removal will take efect immeiately, and the penalties for filure to depar
voluntarily under section 240B(d) of the Act will not apply. 8 C.F.R. §§ 1240.26(c)(3)(iii),
(e)(I).
S. There is a civil monetar penalty if you fail to depar within the voluntar deparure period.
In accordance with the rgulation, the Cour has set the presumptive amount of $3,000 (or
instead of the prsumptive amount). 8 C.F.R. § 1240.26().
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