P. 1
Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)

Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)

|Views: 286|Likes:
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel.

More info:

Published by: Immigrant & Refugee Appellate Center, LLC on Sep 25, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/12/2014

pdf

text

original

Christopher Taylor, Esquire

Taylor Lee & Associates, LLC
6855 Jimmy Carer Blvd, Suite 2150
Norcross, GA 30071
U.S. Department of Justice
Executive Ofce fr Immigration Review
Boardo/Immigrationappea/s
Ogceo/theC/erk
5107 leeburg Pike, Suite 2000
Falls Church, Vrginia 22041
OHS/ICE Ofice of Chief Counsel - SOC
146 CCA Road
Lumpkin, GA 31815
Name: CASTORENA-ALONSO, MARCE ... A 205-866-201
Date of this notice: 9/17/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
Df c t
Donna Car
Chief Clerk
lucasd
Userteam: Docket
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)
For more unpublished BIA decisions, visit www.irac.net/unpublished
CASTORENA-ALONSO, MARCELO
A205-866-201
William McMinn
Stewar Detention Center 146 CCA Road
Lumpkin, GA 31815
Name: CASTORENA-ALONSO, MARCE ...
U.S. Department of Justice
Executive Offce fr Immigation Review
Boardo/Immigratioaappea/s
Ogceo/theC/erk
5 J 0 7 Leeburg Pike, Suite 2000
Falls Clurcl, Vrginia 22041
OHS/ICE Ofice of Chief Counsel - SOC
146 CCA Road
Lumpkin, GA 31815
A 205-866-201
Date of this notice: 9/17/2013
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 sered wit this
decision pusuat to 8 C.F.R. § 1292.S(a). If the attached decision orders that you 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
by the appropriate court of appeals within 30 days of the date of te decision.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
Df CaA
Donna Carr
Chief Clerk
lucasd
Useream: Docket
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)
U.S. Deparent of Justice
Etve Ofc lor Im gon Rew
Deision of te B o Imon Aps
FalChu V 2201
File: A205 866 201 - Lumpk, GA Date:
I r: MRCELO CASTORNA-AONSO a.k.a Mcelo Casorena
I ROVAL PROCEEIGS
APE
ON BEF OF RSPONET: Chsopher Taylor, Esquire
APLICATON: Voluntar Depae
.LF
I !
2013
The rspondent, a natve and citizen of Mexico, h appealed fom the Immgtion Judge's
Arl 25, 2013, decision ordering his remova.1 The respondent does not cntes te Immigaon
Judge's removability deermnaion, but appes the denal of voluntary depare. The Boad
reiews fdings of fact under a clely eroneous standad, while all oter isses, including
whete the paes have me te releva burde of proof ae reiewe de novo. 8 C.F.R.
[1003.l(d)(3Xi)-(ii). The reord will be remanded as set frh below.
The Im igation Judge denied volunta depare in discreion based solely on an appaent
convicion fr possession of maijua (.J. a 2). 2 I exercising disceion wih respe to a
voluntary deae application, a Immigation Judge must weigh both fvorable ad
unfavorale fctors. See Mm er of&rgeIIes-Cæpos, 22 I&N Dec. 811, 817 (I 1999)
(settng frt te fvorale factors, a well as averse fcors, that should be considee in a
discreona analysis). We ae with the respondent that the Imgation Judge's decision
does no refe consideation of ay of te responden's fvorale equities in deiding wheher
he meited volunt depare in te exercise of discretion, nor does it appe he was asked
questons relating to his fvorale euities. Thus, a red fr fer consideraion of that
reque ad te ent of a new deision is waranted.
ORER The record is remanded to the Im igaton Court for fhe prcedings
consisen wit te fregoing opinion and for the enty of a new decision.
1 O June 15, 2012, the Sece of the Deaent of Homeland Secuity (HS) anounced
tat cern young people, who ae low law enforcement prorites, will be eligble to reeive
defered action. The respondent, though couei indicate below tat he was seekg defere
acon. Neereless, we note t inforation regarding DHS' Defered Action Process for
Youn Peple Who ae Low Enforcement Prorie may be obtained at te fllowing DHS
websites: USCIS at ww .uscis.gov, ad ICE at ww .ice.gov. Idivduls can also call USCIS'
hotlne at 1-800-375-5283 or ICE's hotlie at 1-888-351-024.
2 The rerd before us does not cntn anv convicton docments.
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LUMPKIN, GEORGIA
File: A205-866-201 April 25, 2013
In the Matter of
MARCELO CASTORENA-ALONSO
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGE:
APPLICATION:
Section 212(a
)
(6
)
(A
)
(i
)
of the Immigration and Nationality Act, as
amended - in that you are an alien present in the United States
without being admitted or paroled or who arrived in the United
States at any time or place other than as designatep.-By the�--�
Attorney General.
�� ��
Pre-conclusion voluntary deparure.
i
�i
'-'
i:�. :
�?
r:-u
1-· f
, .. ' -
ON BEHALF OF RESPONDENT: GIOVANNI DIAZ
ON BEHALF OF DHS: SARAH MAZZIE-BRISCOE
:.,II
ORAL DECISION OF THE IMMIGRATION JUDGE
Respondent is a male native and citizen of Mexico. The respondent claims to
have entered the United States in 1997. The respondent was not then admited or
paroled afer inspection by an Immigration ofcer.
On March 25, 2013, respondent admitted and conceded via his counsel and the
Cour found that the allegations and the charge were sustained by clear and convincing
evidence and that the respondent was removable to Mexico.
1
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
The infrmation before this Cour is that the respondent is not married to a United
States citizen or legal permanent resident. His parents and his grandparents are not
United States citizens or legal permanent residents. The respondent does not have any
United States citizen children. Therefre, the respondent is not eligible fr non-legal
permanent resident cancellation of removal, better known as EOIR-428 relief.
At an earlier hearing it was established that respondent's relief was deferral of
action, over which this Court has no jurisdiction.
The Court is also aware that the respondent has been arrested in Henry County,
Georgia, by the police deparment fr possession of marijuanaless than one ounce. On
Januar 22, 2013, he was convicted and given 12 months' confinement.
Also the respondent, January 30, 2013, was arrested by the Clayton County,
Georgia PD for driving without a valid license. That case is pending.
Today, April 25, 2013, respondent's counsel asked for voluntary deparure fr his
client. This Court denied that request as a matter of discretion based on the
respondent's criminal history in the United States, to wit: the possession of marijuana.
Counsel fr respondent then resered appeal, as is his right.
Then, afer resering his right, counsel fr respondent told the Cour that he was
appealing the case because he wanted an opporunity to ask the Goverment if the
Government objected to voluntary departure fr the respondent.
At that time the Cour simply said to respondent's counsel, go ahead and ask the
Goverment, to wit the Government counsel answered, upon the question being posed
to her, that she objected to the respondent having voluntar departure fr the same
reasons as the Cour, those being his possession of marijuana.
As respondent has no qualifing relatives in the United States and is in the
United States illegally and as the respondent has violated the drug laws of the United
A205-866-201 2 April 25, 2013
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
States, albeit with the small amount of marijuana, the Cour, having reviewed the
possibilities fr the respondent to remain in the United States, has denied his relief. The
respondent has conceded removability. The Cour notes that he has not been
convicted of an aggravated felony. The Cour notes that he is not seeking any other
relief in frnt of this Cour, although he is, according to his counsel at the last setting,
seeking prosecutorial discretion from the Deparment of Homeland Security. The Cour
has balanced the negatives and the positives and the potential fr the respondent to
remain in the United States and has determined that the respondent should be denied
voluntary deparure as a matter of discretion.
ORDER OF THE COURT
Relief pursuant to voluntar deparure is ordered denied.
Appeal date is May 28, 2013.
A205-866-201
SAUNDR D. ARRINGTON
Immigration Judge
3 April 25, 2013
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
CERTIFICATE PAGE
I hereby cerif that the attached proceeding befre JUDGE SAUNDRA D.
ARRINGTON, in the matter of:
MARCELO CASTORENA-ALONSO
A205-866-201
LUMPKIN, GEORGIA
was held as herein appears, and that this is the original transcript thereof fr the file of
the Executive Ofice for Immigration Review.
LINDA DOCK (Transcriber)
FREE STATE REPORTING, lnc.-2
JUNE 14, 2013
(Completion Date)
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->