P. 1
Nuno Helder Da Silva Barros, A200 548 277 (BIA Jan. 23, 2014)

Nuno Helder Da Silva Barros, A200 548 277 (BIA Jan. 23, 2014)

|Views: 435|Likes:
In this unpublished decision, the Board of Immigration Appeals (BIA) affirmed without opinion an immigration judge’s decision entering an order of removal after the Department of Homeland Security declined to exercise prosecutorial discretion in favor of a respondent suffering from a significant medical condition relating to rheumatic heart disease and a neurological condition. The decision was issued by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) affirmed without opinion an immigration judge’s decision entering an order of removal after the Department of Homeland Security declined to exercise prosecutorial discretion in favor of a respondent suffering from a significant medical condition relating to rheumatic heart disease and a neurological condition. The decision was issued by Member Edward Grant.

More info:

Published by: Immigrant & Refugee Appellate Center, LLC on Feb 03, 2014
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

03/10/2014

pdf

text

original

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

Daniel F. Cashman, Esq. Cashman & Lovely, P.C. 60 Austin Street, Suite 210 Newtonsville, MA 02460

DHSnCE Office of Chief Counsel - BOS P.O. Box 8728 Boston, MA 02114

Immigrant & Refugee Appellate Center | www.irac.net

Name: DA SILVA BARROS, NUNO HEL ...

A 200-548-277

Date of this notice: 1/23/2014

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

DCIYUtL ct1/lAJ
Donna Carr Chief Clerk

Enclosure

Panel Members: Grant, Edward R.

Lulseges Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Nuno Helder Da Silva Barros, A200 548 277 (BIA Jan. 23, 2014)

U.S. Department of Justice Executiv� Office for Immigration Review
Falls Church,

Decision of the Board of Immigration Appeals

Virginia 20530
Boston, MA Date:

File:

A200 548 277

-

In re: NUNO HELDER DA SILVA BARROS IN REMOVAL PROCEEDINGS

JAN 2 3 2014

APPEAL ON BEHALF OF RESPONDENT: Daniel F. Cashman, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

ORDER: The Board affirms, without opinion, the result of the decision below. The decision below is, therefore, the final .agency determination. See 8 C.F.R. §

Cite as: Nuno Helder Da Silva Barros, A200 548 277 (BIA Jan. 23, 2014)

�. (

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BOSTON, MASSACHUSETTS

Immigrant & Refugee Appellate Center | www.irac.net

File:

A200-548-277

March 26,

2012

In the Matter of

NUNO HELDER BARROS RESPONDENT

IN REMOVAL PROCEEDINGS

.· ·

CHARGES:

Section 237 (a) (1) (B) of the Immigration and Nationality Act - remained longer than permitted.

APPLICATIONS:

Prosecutorial discretion.
. .·

ON BEHALF OF RESPONDENT: ON BEHALF OF DHS:

DANIEL CASHMAN MOORE

HELEN E .

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent in this case is a 20-year-old single native and citizen of Cape Verdi . Removal proceedings were initiated

against him when the Immigration Service of the Department of Homeland Security issued a Notice to Appear on April 21,
2011,

charging him with being removable from the United States on the basis of the charge set forth above . The respondent, through counsel, {Exhibit 1). admitted the truth of the

1

factual allegations in the Notice to Appear, removability as charged,

conceded

designated Cape Verdi as the country

for removal purposes if necessary and sought the opportunity to appeal for prosecutorial discretion with the Department of Homeland Security. (Exhibit 2) .

Immigrant & Refugee Appellate Center | www.irac.net

Based upon the respondent's requests for postponement in order to provide him with an opportunity to apply to the Department of Homeland Security for prosecutorial discretion,
I

have postponed this case over a period of one year in order to await the decision of the Department of Homeland Security with respect to the respondent's request. Because of the significant

medical condition of the respondent having to do with rheumatic heart disease and further having to do with a neurological condition, I opted to postpone this case. However, the

Department of Homeland Security counsel has informed the Court today that the respondent's request for prosecutorial discretion has been denied. In that I do not have the authority to exercise prosecutorial discretion, I am confronted with the reality of

either granting the respondent voluntary departure or ordering him to be removed from the United States. The respondent has

indicated to his attorney that he does not wish to apply for voluntary departure. That being the case and in that the respondent is not eligible for any relief from removal which might be available to

A200-548-277

2

March 26,

2012

him through the Inunigration Court, entered. ORDER

the following order will be

IT IS HEREBY ORDERED that the respondent be removed from the United States to Cape Verdi on the basis of the charge contained in the Notice to Appear.

Immigrant & Refugee Appellate Center | www.irac.net

LEONAR I_romigration Judge

�O �

A200-548-277

3

March 26,

2012

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE LEONARD I. SHAPIRO, in the matter of:

Immigrant & Refugee Appellate Center | www.irac.net

NUNO HELDER BARROS

A200-548-277

BOSTON, MASSACHUSETTS

is an accurate,

verbatim transcript of the recording as provided

by the Executive Of fice for Inunigration Review and that this is the original transcript thereof for the file of the Executive Office for Inunigration Review .

. .·

.�l :
.

��ij_f.fli it��MELISSA POLANOWSKI (Transcriber)
FREE STATE REPORTING� MAY 8, 2012 Inc.

{Completion Date)

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)//-->