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Zuri Marlene Melgar de Iglesias, A206 525 223 (BIA Feb. 6, 2014)

Zuri Marlene Melgar de Iglesias, A206 525 223 (BIA Feb. 6, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) considered the merits of the respondent’s appeal upon finding he did not knowingly and intelligently waive his right to appeal, and remanded the record because the immigration judge did not afford an opportunity to submit an asylum application after the respondent expressed fear of returning to El Salvador. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Vice Chairman Charles Adkins-Blanch.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) considered the merits of the respondent’s appeal upon finding he did not knowingly and intelligently waive his right to appeal, and remanded the record because the immigration judge did not afford an opportunity to submit an asylum application after the respondent expressed fear of returning to El Salvador. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Vice Chairman Charles Adkins-Blanch.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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Published by: Immigrant & Refugee Appellate Center, LLC on Feb 20, 2014
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04/01/2014

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U.S.

Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Of fice of the Clerk
5 /07 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530
MELGAR DE IGLESIAS, ZURI MARLENE
A206-525-223
OHS/ICE Office of Chief Counsel - ELP
1545 Hawkins Blvd.
EL PASO SPC
8915 MONTANA AVE
EL PASO, TX 79925
El Paso, TX 79925
Name: MELGAR DE IGLESIAS, ZURI M ... A 206-525-223
Date of this notice:
2/6/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Hofman, Sharon
Adkins-Blanch, Charles K.
Guendelsberger, John
Sincerely,
[o c t
Donna Carr
Chief Clerk
- t. f I V.1 d r �' /
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Zuri Marlene Melgar de Iglesias, A206 525 223 (BIA Feb. 6, 2014)
U.S. Deparent of Justice
Executive Ofce fr I�igation Review
Falls Church, Vi&inia 20530
File: A206 525 223 - El Paso, T
I re: ZU MARLENE MELGAR DE IGLESIAS
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Pro se
ORDER:
Decision of te Board of Imigation Appeals
Date:
FEB - G 2014
The respondent, a native ad citizen of El Salvador, appeals fom the Immigraton Judge's
decision dated September 23, 2013, which ordered her removed fom the Unted States. The
record will be remaded.
We review Imigation Judges' fndings of fct fr clea eror, but we review questons of
law, discretion, ad judgment, and all oter issues i appeals de novo. 8 C.F .R.
§§ 1003.l(d)(3)(i), (ii).
Despite the Imigration Judge's notation tat there would be no appeal of the decision, we
are not satsfed that the record refects a knowing ad express waiver of te appeal by the
respondent, who was unrepresented dung proceedings befre the Immigation Judge (Tr. at 39-
40). See Matter of Rodrigez-Diaz, 22 I&N Dec. 1320 (IA 2000); Mater of Ocampo-Ugalde,
22 l&N Dec. 1301 (BIA 2000). Inasmuch as there has been no proper waiver, we will consider
. the appeal.
The record shows that the respondent expressed a fea of retng to El Salvador, but the
Immigation Judge preteritted ay application fr asylum befre afording the respondent the
opportity to fle a Form 1-589, Application fr Asylum ad Witholding of Removal (Tr. at
33-39). See 8 C.F.R. § 1240.l l(c)( l). A remand is in order so that the Immigration Judge may
properly affrd te respondent the opportty to apply fr relief. Accordngly, te record is
remaded to the Immigraton Judge fr fer proceedings consistent with the fregoing opinion
ad fr the entry of a new decision.
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Cite as: Zuri Marlene Melgar de Iglesias, A206 525 223 (BIA Feb. 6, 2014)
/
In the Matter of
IMMIGRTION COUT
8915 MONTAA AVENU
EL PASO, TX 79925
0
Case No.: A206-525-223
MELGA DE IGLESIAS, ZUI MALENE
Respondent IN REMOVAL PROCEEDINGS
ORDER OF THE IMMIGRTION JGE
This is a summary of the oral decision entered on
This memorandum is solely for the convenience of the art es. If the
proceedings should be appealed or reopened, the oral decision will become
. . a = ~~-·~~~
t� official opinion in the case.
.
  r·
[ J The respondent was ordered removed from the United States to € c /\t� 
e: in th altetc±e to .
[ ] Respondent's application for voluntary departure was denied and
respondent was ordered removed to or in the
alternative to .
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of $
with an alternate order of removal to .
Respondent's application for:
[ ] Asylum was ( )granted
[ ] Withholding of removal was
[ J
A Waiver under Section
)denied( )withdrawn.
) granted ( ) denied ) withdraw.
was ( )granted { )denied )withdrawn.
[ J Cancellation of removal under section 240A(a) was ( )granted )denied
( )withdraw.
Respondent's application for:
[ ] Cancellation under section 240A(b) (1) was ( ) granted ) denied
( ) withdraw. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was ( )granted ( )denied
{ )withdraw. If granted it is ordered that the respondent be issued
all appropriated doc�ments necessary to give effect to this order.
Adjustment of Status under Section was ( )granted ( }denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Respondent's application of ( ) withholding of removal ( ) deferral of
removal under Article III of the Convention Against Torture was
( } granted ( } denied { ) withdraw.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a
As a condition of admission, respondent is to post a $
until
bond.
 
Respondent knowingly filed a frivolous asylum application after proper
notice.
Respondent was advised of the limitation on discretionary
failure to appear as ordered in the Immigration Judge's
Proceedings were terminated.
Other:
Date: Sep 23, 2013
Immigration
Appeal �eserved Appeal Due By:
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