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Juan Melvin Perez-Baez, A079 213 261 (BIA Aug. 26, 2013)

Juan Melvin Perez-Baez, A079 213 261 (BIA Aug. 26, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) found the immigration judge should have granted the respondent a further continuance to obtain counsel after taking administrative notice that a letter sent by the respondent to a pro bono organization was returned as undeliverable. The decision was written by Member Roger Pauley and joined by Member Linda Wendtland and Member Patricia Cole.
In this unpublished decision, the Board of Immigration Appeals (BIA) found the immigration judge should have granted the respondent a further continuance to obtain counsel after taking administrative notice that a letter sent by the respondent to a pro bono organization was returned as undeliverable. The decision was written by Member Roger Pauley and joined by Member Linda Wendtland and Member Patricia Cole.

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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 Ch11rch, Virginia 22041

PEREZ-BAEZ, JUAN MELVIN A079-213-261 YORK COUNTY 3400 CONCORD ROAD YORK, PA 17402

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

Immigrant & Refugee Appellate Center | www.irac.net

Name: PEREZ-BAEZ, JUAN MELVIN

A 079-213-261

Date of this notice: 8/26/2013

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

DOWU- CtVt.AJ
Donna Carr Chief Clerk

Enclosure Panel Members: Pauley, Roger Wendtland, Linda S. Cole, Patricia A.

Lulseges Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Juan Melvin Perez-Baez, A079 213 261 (BIA Aug. 26, 2013)

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

Decision of the Board of Immigration Appeals

File:

A07 9 213 261- York, PA

Date:

AUG

2 6 2013

In re: JUAN MELVIN PEREZ-BAEZ IN REMOVAL PROCEEDINGS CERTIFICATION1 ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: . Pro se

Immigrant & Refugee Appellate Center | www.irac.net

Senior Attorney

Jeffrey T. Bubier

CHARGE: Notice: Sec. 237(a)(2)(A)(ii), l&N Act [8 U.S.C. § 1227(a)(2)(A)(ii)] Convicted of two or more crimes involving moral turpitude 237(a)(2)(A)(iii), I&N Act [8 U.S.C. § 1227(a)(2)(A)(iii)] Convicted of aggravated felony under section IOl(a)(43 )(G) of the Act

Sec.

APPLICATION: Continuance

2013, decision. We review findings of fact, including findings as to the credibility of testimony, for clear error, but questions of law, discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R. §§ 1003.I(d)(3)(i), (ii). The record will be remanded to the Immigration Court. Aliens in removal proceedings have a statutory right to counsel at no expense to the

resident of the United States since November 2003, appeals the Immigration Judge's March 28,

The respondent, a native and citizen of the Dominican Republic and a lawful permanent

(l.J. proceeded with the hearing on the merits (id.).

United States Post Office as undeliverable (1.J. at 2; Tr. at 4). The Immigration Judge took administrative notice that the organization had moved but that the court had not updated the "pro bona list" that it provides to respondents at 2). At that time, the Immigration Judge

indicated that the request he made to a pro bono organization was returned to him by the

See section 240(b)(4)(A) of the Act, 8 U.S.C. § 1229a(b){4)(A). On de novo review, we find that the respondent expressed an interest in a continuance. The respondent

Government.

cause under these circumstances. Therefore, the Immigration Judge should have granted a continuance under 8 C.F.R. § 1003.29. Accordingly, we find it appropriate to remand this matter

The respondent's expressed interest in a continuance to obtain an attorney constituted good

to the Immigration Judge to allow the respondent a reasonable opportunity to obtain
1

§ 1003. l (c).

To resolve any issues of timeliness, we will consider this matter on appeal pursuant to 8 C.F.R.

Cite as: Juan Melvin Perez-Baez, A079 213 261 (BIA Aug. 26, 2013)
. 2.;, .&OQGM& ; t

A079 213 261

representation.at no expense to the govemment. will be entered. ORDER:

2

For the foregoing reasons, the following order

The record is remanded to the Immigration Court for further proceedings

consistent with the foregoing opinion and for the entry of a new decision.

Immigrant & Refugee Appellate Center | www.irac.net

2

returning to the Dominican Republic. See TR. at 9-10.
2

Moreover, we note that the Immigration Judge never asked the respondent whether he feared

Cite as: Juan Melvin Perez-Baez, A079 213 261 (BIA Aug. 26, 2013)

(

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT YORK, PENNSYLVANIA

Immigrant & Refugee Appellate Center | www.irac.net

File: A079-213-261 In the Matter of

March 28, 2013

JUAN MELVIN PEREZ-BAEZ RESPONDENT

) ) ) )

IN REMOVAL PROCEEDINGS

CHARGES:

Section 237(a)(2)(A)(ii) and (iii).

APPLICATIONS:

None.

ON BEHALF OF RESPONDENT: PRO SE ON BEHALF OF OHS: JEFFREY BUBIER

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a 42-year-old, married and separated, male, alien, native, and citizen of the Dominican Republic. who was placed into removal proceedings. The issuance of a Notice to Appear, Form 1-862, served in person on August 13, 2012. He was also served at that time a copy of the pro bono list. Respondent was given two opportunities to find an attorney, the first time on March 4, the second time on March 14. Respondent essentially has had one full month.

(

(

In this regard, the respondent indicated that one of the letters he sent out to one of the organizations on the Court's pro bono list was returned with the incorrect address. Apparently, that is correct. The Court has looked at the court's pro bona list,

Immigrant & Refugee Appellate Center | www.irac.net

and apparently that organization, Nationalities Service Center in Philadelphia, has relocated" according to the U.S. Postal Service. The Nationalities Service Center has not contacted the Court, as far as I know, or the Government informing me that they have moved. The Court, nonetheless, went ahead anyway because it has been the Court's very long experience, here at this particular Court, that the Nationalities Service Center is essentially a no-show. It is extraordinarily rare for any attorneys from that organization to appear in court here in York. If the Court sees someone from that organization once every two years in the many thousands of cases, that would be essentially par for course. So instead of having the respondent's detention drag on, the Court was of the firm belief that it was just better to proceed today. The respondent was not going to have pro bona counsel. Now, respondent has conceded the allegations in the Notice to Appear. The Court has sustained both grounds set forth against him, and particularly his aggravated felony theft offense under 101 (a)(43)(G). In this regard, the respondenfs original sentence was a one year probation for his February 1, 2012" Pennsylvania conviction. However, he was resentenced two months later for probation violation, and was sentenced two months to one year confinement. He served a minimum. Because of the resentence elevated the original sentence to one year" that constitutes now an aggravated felony theft offense. The Court has explained to the respondent the Court cannot consider any discretion towards the respondent. The following orders are hereby entered. ORDER

A079-213-261

2

March 28,

2013

Q

t.d

(

Respondent is hereby ordered removed from the United States to the Dominican Republic. The appeal date runs to April 29, 2013.

Immigrant & Refugee Appellate Center | www.irac.net

I

Please see the next page for electronic siqnatureWD
WALTER A. DURLING Immigration Judge

A079-213-261

3

March 28,

2013

(

/Isl/
Immigration Judge WALTER A. durlingw on June 3, DURLING

2013 at 2:15 PM GMT

Immigrant & Refugee Appellate Center | www.irac.net

A079-213-261

4

March 28,

2013

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