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Oswen Fitzherbert Cameron, A088 810 944 (BIA Jan. 13, 2014)

Oswen Fitzherbert Cameron, A088 810 944 (BIA Jan. 13, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a pastor, was in violation of his R-1 status because he was no longer employed by his sponsoring church. The Board stated that it was immaterial that former congregants were planning to form their own church and hire him as its pastor. The decision was written by Member Garry Malphrus.
In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a pastor, was in violation of his R-1 status because he was no longer employed by his sponsoring church. The Board stated that it was immaterial that former congregants were planning to form their own church and hire him as its pastor. The decision was written by Member Garry Malphrus.

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Published by: Immigrant & Refugee Appellate Center, LLC on Jan 20, 2014
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02/11/2014

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Kayal, Dev A., Esq.

The WKC Law Group
8720 Georgia Ave., Ste. 1010
Silver Spring, MD 20910-0000
L.b. ÏcgBI¡mcu¡ 0ÎJ05¡Îcc
Executive Offce fr Imigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leeburg Pike, Suite 2000
Falls Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - BAL
31 Hopkins Plaza, Room 1600
Baltimore, MD 21201
Name: CAMERON, OSWEN FITZHERBE ... A 088-810-944
Date of this notice: 1/13/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
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Sincerely,
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Donna Carr
Chief Clerk
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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Oswen Fitzherbert Cameron, A088 810 944 (BIA Jan. 13, 2014)
A
T
U.S. Deparent 0ÍJustce
bXo0OwmtImgon 8V0w
Desion of ü0Boad of Imgon Aps
tMChmc Vu 2Û>JÛ
File: A088 810 V9 Batimore Myland
Û re: OSWEN FTZRET CARON
I ROVA PROCE IGS
APEAL
Date:
ON BEHF OF RSPONEN: Dev A. Kayal, Esquire
ON BEHLF OF DHS: Diane H. Kier
Assistat Chief Counsel
JAN 13
2014
The respondent, a natve and citizen of Gyana, has appeled fom an Immigation Judge's
November 2, 2011, oral decision which fund that he was inadmissible as chage under section
212(a)(7B)(i)(  ) of the Imgation and Nationaity Act, 8 U.S.C. 1182{a)(7()(i)(l), ad
deemined that he was not eligible fr ay relief fom removal. 1 Both pares fe supplemental
briefs pursuant to a reuest fom ths Board. The appel will be dismissed.
We review a Immigation Judge's fndings of fct, including the creibilit deternaton
under the "clealy eroneus" standard. 8 C.F.R § 1003. l(d)(J)(i). We revie all othe issues,
including wheher the paes have met the relevant burden of prof ad issues involving
questions of law, judgement ad discretion, under a de novo stadad. 8 C.F.R.
§ 1003.l(d)(3)(ii). The respondent's case is govered by the RA Û Act of 2005. À0R0r of
S-B-, 24 IN De. 42 (IA 2006).
Te respondent became a pastor fr the National Wesleyan Church (NC) in Hyattsvlle,
Mayland in 2005 and he was issued a R-1 visa later that year. However, hs relaionshp wit
the cngegation deterorated ad he tendered his resignation on March 6, 2008, which was
efective as of Mch V, 2008. Athough he claimed that he intended to seek employment wt
aother church, he had not yet obtaned other church employment when he deaed the United
Staes in April 2008. Wen the responden at empte to reente te Unite Staes on Aprl 28,
2008, he was paoled in fr defer e inspection on May 23, 2008. The Depament of Homeland
Secity deterined that, because he had resigne fom the NC and was no longe employed
by his sponsorng church he therefre no longer qualifed fr an R-1 visa.
We will af r the Immigation Judge's November 2, 2011, decision. She deterined that
the respondent was inamissible on April 28, 2008, because he no longer was employed by te
same church which had sponsored his R-1 visa, ad that it was immateia whether he was
seeking employment with anothe church at te time of his attempted reentr. The respnden
has not show ay eror in the Immigation Judge's decision.
1 Te Deparment of Homeland Secuity wthdrew the reoval chages under section
212(a)(S)(A)(i) of the Imigaton and Nationality Ac in the Notice to Appe (x. I), ad
unde section 212(a)(6)(C)(i) of te Act in the lodged chages (Exh. IA).
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Cite as: Oswen Fitzherbert Cameron, A088 810 944 (BIA Jan. 13, 2014)
• A088 810 944
Cont to the reponden's aguents on appea, it is i elevant that his R-1 vs had not
been cncelle by te tme of his attepted reet in Aril 2008. Mater of Heal & Gohild,
17 IN Dec. 22, 26 (BIA 1979). I additon, his contention that a facton of NWC's
congeation was planning to fr its ow church ad hire him a its pasor is unavailing
becase a R-Ì worke canot unilaerlly decide to work fr aoter employer whch is
diferent fom the sponsorng organization. 8 C.F.R. §§ 214.2(r)(2), (13).
Because we have decided the appel on the preeing basis, it is unnecessary to address te
remaning contentions on appeal. Accordingly, the folowing order wil be enteed.
ORE: The appeal is dismissed.

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Cite as: Oswen Fitzherbert Cameron, A088 810 944 (BIA Jan. 13, 2014)
U.S. DE2ARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
File A 88 810 944
In the Matter of
OSWEN CAMERON
Respondent
CHARGE:
APPLICATION:
APPEARANCES:
ON BEHALF OF RESPONDENT:
Dev A. Kayal, Esquire
Baltimore, Maryland
Date: November 2, 2011
IN REMOVAL PROCEEDINGS
ON BEHALF OF THE DEPARTMENT
OF HOMELAND SECURITY:
Ay S. Paulick, Esquire
ORAL DECISION OF THE IMMIGRATION JUDGE
As the Court noted when the Court went back on the
record, the Court does find that the Respondent is removable as
charged. DHS had withdrawn the fraud charge and also the charge
under INA Section 212 (a) (5) (A) (i) . After careful consideration of
all the evidence, the Court did find that it would sustain
allegations five and six. The Respondent had aditted allegations
one through four and seven, and the Court is also sustaining that
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� .
l
charge under INA Section 212 (a) (7) (B) (i) (II) . Specifically, the
Court concludes that even under the so called old regulations at
Section 214.2(r) , the Respondent has to have been coming to or
remaining in the U.S. solely for one of the following purposes.
One of those is as an employee of the religious organization,
another as to carry on the vocation of a minister of the religious
denomination. DHS did produce evidence at Group Exhibit 3 showing
that the Respondent had resigned from the National Wesleyan
Church. And I also note in the I-213, it does appear that the
Respondent was straight forward on entry and did acknowledge that
he was intending to come to the United States and have another
church petition for him.
I do conclude, however, that he wasn't admissible when
he entered because he wasn't intending to carry on his work as an
employee or a minister of the original church, the National
Wesleyan Church.
Accordingly, the Court hereby orders the Respondent
removed from the United States to Guyana, and the Court is aware
that the Respondent does have another church that's been trying to
get a petition approved for him and that some efforts are still
underway. If anything does work out, �nd any further action is
A 88 810 944 2 Novemer 2, 2011
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needed from the Court, I'd be happy to see the case back on remand
or through any other appropriate action.
A 88 810 944
dg Elizabeth A. Kessler
w/o IJ review
Ftm
ELIZABETH A. KESSLER
Immigration Judge
3 November 2, 2011
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CERTIFICATE PAGE
I hereby certify that the attached proceeding before
ELIZABETH A. KESSLER, in the matter of:
OSWEN CAMERON
A 88 810 944
Baltimore, Maryland
was held as herein appears, and that this is the original
transcript thereof for the file of the Executive Office for
Imigration Review.
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Donald R. Rush, Transcriber
YORK STENOGRAPHIC SERVICES, INC.
34 North George Street
York, Pennsylvania 17401-1266
(717) 854-0077
January 4, 2012
Completion Date.
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