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Ramiro Torres-Godinez, A205 765 589 (BIA Jan. 6, 2014)

Ramiro Torres-Godinez, A205 765 589 (BIA Jan. 6, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration after the respondent, who was charged with being present without admission or parole, submitted evidence on appeal indicating that he was admitted on an agricultural visa. The Board’s decision cited INA 240(c)(2) for proposition that respondents "shall have access to the alien's visa or other entry document" during proceedings. The decision was written by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration after the respondent, who was charged with being present without admission or parole, submitted evidence on appeal indicating that he was admitted on an agricultural visa. The Board’s decision cited INA 240(c)(2) for proposition that respondents "shall have access to the alien's visa or other entry document" during proceedings. The decision was written by Member Edward Grant.

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02/21/2014

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U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk
5107 Leesburg Pike. Suite 2000 Falls Church, Virginia 20530

TORRES-GODINEZ, RAMIRO A205•765-589 FEDERAL DETENTION CENTER P.O. BOX 5010 OAKDALE, LA 71463

FEDERAL DET. CENTER-OAKDALE 2 P.O. Box 1128 OAKDALE, LA 71463

Immigrant & Refugee Appellate Center | www.irac.net

Name: TORRES-GODINEZ, RAMIRO

A 205-765-589

Date of this notice: 1/6/2014

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

DorutL ct1AA)
Donna Carr Chief Clerk

Enclosure

Panel Members: Grant, Edward R.

Trane Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Ramiro Torres-Godinez, A205 765 589 (BIA Jan. 6, 2014)

lJ.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A205 765 589-0akdale, LA

Date:

JAN

-

6 2014

In re: RAMIRO TORRES-GODINEZ a.k.a. Ramiro Torres-Godines
IN REMOVAL PROCEEDINGS

APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

Immigrant & Refugee Appellate Center | www.irac.net

Nathaniel Copping Assistant Chief Counsel

CHARGE: Notice: Sec. 212(a)(6)(A)(i), I&N Act [8 U.S.C. § l l 82(a)(6)(A)(i)) Present without being admitted or paroled

APPLICATION: Termination of proceedings

The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's decision dated August 12, 2013. The Immigration Judge found the respondent removable and The respondent challenged removability and found him ineligible for relief from removal.

submits new evidence on appeal. The record will be remanded. This Board reviews an Immigration Judge's findings of fact, including findings as to the

Matter o f R-S-H-, 23 l&N Dec. 629 (BIA 2003) ; Matter o f S-H-, 23 I&N Dec. 462 (BIA 2002).
This Board reviews questions of law, discretion, and judgment, and all other issues raised in an Immigration Judge's decision

credibility of testimony, under the "clearly erroneous" standard.

See 8 C.F.R. § 1003.l(d)(3)(i);

de novo. See 8 C.F.R. § I 003.l(d)(3)(ii).

The Notice to Appear alleges that the respondent is not a citizen or national of the United States. It alleges that he is a native and citizen of Mexico. It also alleges that he entered the United States without authorization (Exh. 1). At the hearing, the respondent challenged the allegation that he entered the United States without authorization {Tr. at

40). However, because

the detained respondent did not have his passport or visa with him at the proceedings below, he was unable to carry his burden of proving lawful entry. 1 Consequently, the Immigration Judge
1

Section 240(c)(2) of the Act, 8 U.S.C.

§ 1229a(c)(2), provides: "[T]he alien has the burden of

establishing ... by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission. In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien's visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien's admission or presence in the United States.'' 8 C.F.R. § 1240.S(c) provides: "In the case of a respondent charged as being in the United States without being admitted or paroled, the Service must first establish the alienage of the respondent. Once alienage has been established,

Cite as: Ramiro Torres-Godinez, A205 765 589 (BIA Jan. 6, 2014)

A205 765 589

found the allegations in the Notice to Appear proved and found the respondent removable as charged for having entered the United States without authorization (l.J. at 2). On appeal, the respondent submits evidence that he entered with an agricultural visa in 1997. In light of this evidence, we find it appropriate to remand the record to the Immigration Judge to enable him to reconsider removability. Accordingly, the following order will be entered. ORDER:

The record is remanded to the Immigration Judge for further proceedings sion.

consistent with the foregoing opinion and entry

�i

Immigrant & Refugee Appellate Center | www.irac.net

FOR

unless the respondent demonstrates

by clear and convincing evidence that he or she is lawfully in

the United States pursuant to a prior admission, the respondent must prove that he or she is clearly and beyond a doubt entitled to be admitted to the United States and is not inadmissible as charged."
2

Cite as: Ramiro Torres-Godinez, A205 765 589 (BIA Jan. 6, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OF FICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT OAKDALE,LOUISIA NA

File: A20 5- 76 5-589 In the Matter of

August 12,2013

Immigrant & Refugee Appellate Center | www.irac.net

RAMIRO TORRES- GODINEZ RESPONDENT

) ) )

IN REMOVAL PROCEEDINGS

)

CHARGES:

Section 212(a)(6 )(A)(i) of the Immigration and Nationality Act (present without inspection).

APPLICATIONS:

Termination.

ON BEHALF OF RESPONDENT: PRO SE ON BEHALF OF OHS: NATHA NIEL COPPING

ORAL DECISION OF THE IMMIGRATION JUDGE The Department of Homeland Security issued a Notice to Appear dated May 7, 2013. The respondent appeared without counsel on June 3, 2013. At that time he requested a continuance to search for an attorney or speak to his family. The case was continued for that purpose. On June 28,2013, the respondent also appeared without counsel and indicated he needed more time to search for an attorney. The case was continued one last time for that purpose.

On July 16 , 20 13, the respondent indicated that he did not have an attorney and would speak for himself. The respondent admitted allegations on the Notice to Appear which had been marked on June 3, 2013 as Exhibit 1 in the case. The respondent admitted that he was not a citizen or national of the United States, but a

Immigrant & Refugee Appellate Center | www.irac.net

native and citizen of Mexico. The respondent denied that he entered the United States illegally. The respondent testified that he came to the United States in 1997 with a work visa and passport. He said he sent the documents back to Mexico with his brother. The respondent also testified that he had not left the United States. The Court continued the case to allow the respondent an opportunity to provide the Court with documents indicating that he made a legal entry. The Court also requested that the Department of Homeland Security look into the possibility of respondent entering legally. The case was continued to August 12, 20 13 for that purpose. On August 12, 20 13, the respondent said he did not have his passport or visa. The Department of Homeland Security indicated that it ran record checks and there was no evidence of a legal entry made by the respondent. The respondent stated that he entered the United States in the middle of 1997 and had not left the United States. The Court found that the respondent had not met his burden of showing that he had entered the United States legally. The Court found the respondent removable as charged under Section 212(a)(6 )(A)(i) of the Immigration and Nationality Act, as amended, in that he is 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 designated by the Attorney General. The respondent designated Mexico as his country of removal. The respondent stated that he had no fear of returning to Mexico and that he had no family in the United States. The respondent did say that he had or could get funds for voluntary departure; however, the respondent had been arrested for a number

A205-765-589

2

August 12,

2013

of traffic offenses and at least two D U l's in the United States. The Court explored relief on behalf of the respondent and, not finding any qualifying relative for cancellation of removal and finding that a grant of voluntary departure would be denied based on the respondent's history of drinking and driving,

Immigrant & Refugee Appellate Center | www.irac.net

the Court found that the respondent had no relief from removal. Therefore the Court had to order that the respondent be removed from the United States to Mexico. ORDER IT IS ORDERED that the respondent be removed from the United States to Mexico under Section 212(a)(6 )(A)(i) of the Immigration and Nationality Act, as amended.

Please see the next page for electronic signature

JERRY A. BEATMANN, SR. Immigration Judge

A205-765-589

3

August 12,

2013

'

'

//s// Immigration Judge JERRY A. beatmanj on October 17, BEATMANN, at 12:06 Sr. PM GMT

2013

Immigrant & Refugee Appellate Center | www.irac.net

A205-765-589

4

August 12,

2013

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