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Gilberto Aguilera, A093 006 263 (BIA Aug. 14, 2013)

Gilberto Aguilera, A093 006 263 (BIA Aug. 14, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) declined to exercise jurisdiction over an interlocutory appeal filed by the Department of Homeland Security challenging the decision of an immigration judge to administratively close proceedings against a detained respondent while he was awaiting the adjudication of a Form I-130 filed on his behalf. The decision was written by Member David Holmes.
In this unpublished decision, the Board of Immigration Appeals (BIA) declined to exercise jurisdiction over an interlocutory appeal filed by the Department of Homeland Security challenging the decision of an immigration judge to administratively close proceedings against a detained respondent while he was awaiting the adjudication of a Form I-130 filed on his behalf. The decision was written by Member David Holmes.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 22, 2013
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10/12/2013

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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
5107 Leesburg Pike, Suite 2000 Falls Church. Virginia 1204/

Kimberly A. Tomczak Sachs Law Group, LLC 1518 Walnut Street, Suite 702 Philadelphia, PA 19102

OHS LIT.Nork Co. PrisonNOR 3400 Concord Road York, PA 17402

Immigrant & Refugee Appellate Center | www.irac.net

Name: AGUILERA, GILBERTO

A 093-006-263

Date of this notice: 8/14/2013

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

DonnL ctl/1AJ
Donna Carr Chief Clerk

Enclosure
Panel Members: Holmes, David B.

yungc Userteam: Docket

Cite as: Gilberto Aguilera, A093 006 263 (BIA Aug. 14, 2013)

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
5107 Leesburg Pike, Suite 2000 Falls Cliurcli, Virginia 22041

AGUILERA, GILBERTO A093·006-263 PIKE COUNTY PRISON 175 PIKE COUNTY BLVD LORDS VALLEY, PA 18428

OHS LIT./York Co. Prison/YOR 3400 Concord Road York, PA 17402

Immigrant & Refugee Appellate Center | www.irac.net

Name: AGUILERA, GILBERTO

A 093-006-263

Date of this notice: 8/14/2013

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. Your attorney or representative has been served with this decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be removed from the United States or affirms an Immigration Judge's decision ordering that you be removed, any petition for review of the attached decision must be filed with and received by the appropriate court of appeals within 30 days of the date of the decision. Sincerely,

DorutL c11/LA.)
Donna Carr Chief Clerk

Enclosure
Panel Members: Holmes, David B.

yungc Userteam: Docket

Cite as: Gilberto Aguilera, A093 006 263 (BIA Aug. 14, 2013)

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

Decision of the Board oflmmigration Appeals

File:

A093 006 263 - York, PA

Date:

AUG 14 2013

In re: GILBERTO AGUILERA IN REMOVAL PROCEEDINGS INTERLOCUTORY APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Kimberly A. Tomczak, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Richard S. O'Brien Assistant Chief Counsel

The Department of Homeland Security (DHS) has filed an interlocutory appeal from the Immigration Judge's March 7, 2013, decision administratively closing the case awaiting adjudication of an I-130 application filed on behalf of the respondent. The DHS argues that administrative closure in this case was inappropriate because the respondent is detained at govenunent expense, he has already been responsible for significant delays in his removal proceedings and the likelihood that he will succeed on his petition is highly speculative. The responcfent has filed a brief in support of the Immigration Judge's decision. To avoid piecemeal review of the multiple queries that may arise during the course of removal proceedings, ordinarily the Board does not entertain interlocutory appeals.

See

Matter of M-D-, 24 I&N Dec. 138, 139 (BIA 2007), and cases cited therein.

We have on occasion accepted interlocutory appeals to address significant jurisdictional questions about the

administration of the immigration laws, or to correct recurring problems in the handling of cases by Immigration Judges. See, e.g., Matter of Guevara, 20 l&N Dec. 238 (BIA 1990, 1991);

Matter of Dobere, 20 I&N Dec. 188 (BIA 1990). The issue of whether the Immigration Judge
properly administratively closed this case does not present a significant jurisdictional question about the administration of the immigration laws. Nor does it involve a recurring problem in Immigration Judges' handling of cases. Thus, the question raised in this interlocutory appeal does not fall within the limited ambit of cases where we deem it appropriate to exercise our jurisdiction. IT IS THEREFORE ORDERED that the record be returned to the Immigration Court without further action.

FOR THE BOARD

Cite as: Gilberto Aguilera, A093 006 263 (BIA Aug. 14, 2013)

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