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Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)

Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further proceedings where the respondent was never asked to plead to the allegations in the Notice to Appear (NTA) and it is unclear from the record whether the respondent’s waiver of the right to appeal was made knowingly and intelligently. The decision was written by Member Roger Pauley.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further proceedings where the respondent was never asked to plead to the allegations in the Notice to Appear (NTA) and it is unclear from the record whether the respondent’s waiver of the right to appeal was made knowingly and intelligently. The decision was written by Member Roger Pauley.

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

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Vickerstaf, John M., Esq.

Vickerstaf Law Ofice PSC
P .0. Box 37025
Louisville, K 40233-7025
U.S. Department of Justice
Executive Ofce fr Immigration Review
8aaráaf ImmìgratlanAppea/s
Oßceafthec/erk
5107 leeburg Pike, S11i1e 2000
Fa/ls C/111rc/1, Vrgi11ia 2104 J
OHS/ICE Ofice of Chief Counsel • CHI
525 West Van Buren Street
Chicago, IL 60607
Name: LOPEZ-VASQUEZ, SEBASTIAN A 087-676-888
Date of this notice: 9/6/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Pauley, Roger
Sincerely,
DC c D
Donna Carr
Chief Clerk
lucasd
Userteam: Docket
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Cite as: Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)
For more unpublished BIA decisions, visit www.irac.net/unpublished
LOPEZ-VASQUEZ, SEBASTIAN
A087 ·676-888
BOONE COUNTY JAIL
3020 CONRAD LANE
BURLINGTON, KY 41005
U.S. Department of Justice
Executive Ofce fr Immigration Review
8aaráaf ImmìgratìanAppea/s
Oßceafthec/erk
5107 Leebur Pik, Suite 2000
Fals Church. Vrginia 22041
OHS/ICE Ofice of Chief Counsel • CHI
525 West Van Buren Street
Chicago, IL 60607
Name: LOPEZ-VASQUEZ, SEBASTIAN A 087-676-888
Date of this notice: 9/6/2013
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you as a courtesy. Your attorey or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that
y
ou be
removed fom the United States or afrs an Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fled with and received
b
y the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Pauley, Roger
Sincerely,
DC c O
Donna Carr
Chief Clerk
lucasd
Useream: Docket
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Cite as: Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)
LOPEZ-VASQUEZ, SEBASTIAN
A087 ·676·888
DODGE COUNTY JAIL,
141 NORTH MAIN ST.
BURLINGTON, KY 41005
U.S. Department of Justice
Executive Ofce fr Immigration Review
8aaráaf ImmigratìanAppea/s
Oßceafthec/erk
5107 Leeb11rg Pke, Suite 2000
Fals CJ111rc1, Vrginia 2 204 I
OHS/ICE Ofice of Chief Counsel • CHI
525 West Van Buren Street
Chicago, IL 60607
Name: LOPEZ-VASQUEZ, SEBASTIAN A 087 -676-888
Date of this notice: 9/6/2013
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 attorey or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that y
ou be
removed fom the United States or afrms a Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fled with and received
by the appropriate court of appeals within 30 da
y
s of the date of the decision.
Enclosure
Panel Members:
Pauley, Roger
Sincerely,
D/ c O
Dona Carr
Chief Clerk
lucasd
Useream: Docket
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Cite as: Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)
'U.S. Deparent of Justce
Executive Ofce fr Immigation Review
Decision of the Board oflmmigation Appeals
Falls Church, Virginia 22041
File: A087 676 888 - Chicago, IL
I re: SEBASTIAN LOPEZ-VASQUEZ a.k.a. Sebastian Perez
IN REMOVAL PROCEEDIGS
APPEAL
ON BEHALF OF RESPONDENT: John M. Vickerstaf, Esquire
ON BEHALF OF DHS:
CHARGE:
Karoline S. Calia
Assistant Chief Counsel
Date:
Notice: Sec. 212(a)(6)(A)(i), I
&N Act [8 U.S.C. § l 182(a)(6)(A)(i)] -
Present without being admitted or paroled
APPLICATION: Remand; voluntary depaure
>ll 96 ÎÚ¡}
Te respondent appeals the Immigation Judge decision dated Mach 26, 2013, which
ordered his removal fom the United States and denied his request fr voluntary depaure
pursuat to section 240B(b) of the Act, 8 U.S.C. § 1229c(b).1 The respondent's request fr a
waiver of the fling fee associated with the fling of an appeal is ganted. 5ee 8 C.F.R.
§§ 1003.3(a)(l) ad 1003.8. Te record will be remanded to the Immigration Court.
In removal proceedings, the Immigration Judge shall require the respondent to plead to any
additional fctual allegations lodged by the DHS. 5ee 8 C.F.R. § 1240.lO(c). The pleadings are
an essential pat of the proceedings and ensure that every respondent has been accorded due
process of law. Here, the respondent was fund removable during a hearing in which he was
ordered removed in absentia. 5ee Tr. at 25, 30; :ee ¤/:o Exh. 4. Although these proceedings
were subsequently reopened, the respondent was never asked to plead to his Notice to Appear.
5ee Exh. I; Exh. 5; :ee ¤/:o 8 C.F.R. § 1003.23(b)(4)(ii). Furtherore, while the record
indicates that the respondent waived his right to appeal the Immigration Judge's fnal decision in
this matter, it is unclear whether his waiver was kowingly made. Comp¤re Tr. at 44-45, wi/h
Notice of Appeal; Respondent's Brief at 9-10.
Given these circumstances, we shall remand the matter to the Immigation Court fr
additional proceedings. Upon remand, the Immigration Judge shall take pleadings fom the
1 This Boad reviews the fdings of fct made by the Immigration Judge, including the
determination of credibility, under a "clealy eroneous" standad. 8 C.F.R. § 1003.l (d)(3)(i).
We review all remaining issues, including issues of law, discretion, ad judgent, under a de
novo standad. 8 C.F.R. § 1003.l(d)(3)(ii).
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Cite as: Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)
.A087 676 888
respon9ent. If his removability is established, the respondent should then be given an
opporunity to seek ay relief fr which he may be eligible.
Accordingly, the fllowing order will be entered.
ORDER: Te record is remanded to the Immigation Court fr frther proceedings
consistent with the fregoing opinion and fr the enty of a new decision.
FOR TE BOA
¯
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Cite as: Sebastian Lopez-Vasquez, A087 676 888 (BIA Sept. 6, 2013)
In the Matter of:
/
\
U.S. DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMIGRATION COURT
525 W. VAN BUREN, SUITE 500
CHICAGO, ·IL 60607
Case No.: A087-676-888
LOPEZ-VASQUEZ, SEBASTIAN *** D
IN REMOVAL PROCEEDINGS
RESPONDENT
ORDER OF THE IMIGRTION JUDGE
Upon the basis of respondent's adissions, I have determined that the
respondent is sub� ect to

emoval on th
p �
�arge�s) in the Notice to Appear.
VO! ¤ / i. �
Respond�� h made no application for relief from removal.
It is HEREBY ORDERED that the respondent be removed from the United States
to GATE on the charge(s) contained in the Notice to
Appear.
Any alien against whom a final order of removal is outstanding by reason of
being a member of any of the classes described in INA section 237(a), who
willfully fails or refuses to present himself or herself for removal at the
time and place required by the Attorney General shall be fined and/or
imprisoned for up to ten years. Further, any alien who willfully fails or
refuses to depart from the United States pursuant to a final removal order
or present for removal at the time and place required by the Attorney General
shall pay a civil penalty of not more than $500 to the Comissioner for each
day the alien is in violation of this section.
THIS DOCUMENT
TO: [ ) A
DATE:
28 List
Form EOIR 7 - 4T (REMOVAL Order)
ELIA /
Imigration Judge
Date: Mar 26, 2013
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