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Wilfredo Hernandez-Garcia, A094 217 628 (BIA Feb. 26, 2014)

Wilfredo Hernandez-Garcia, A094 217 628 (BIA Feb. 26, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to permit the respondent to apply for voluntary departure. The Board noted that the respondent’s request for voluntary departure was based on event arising after his hearing before an immigration judge, namely his marriage to a lawful permanent resident who intends to file a visa petition (Form I-130) on his behalf. The decision was written by Member Elise Manuel.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to permit the respondent to apply for voluntary departure. The Board noted that the respondent’s request for voluntary departure was based on event arising after his hearing before an immigration judge, namely his marriage to a lawful permanent resident who intends to file a visa petition (Form I-130) on his behalf. The decision was written by Member Elise Manuel.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 Mar 10, 2014
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05/04/2014

pdf

text

original

U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk
5107 Leesburg P;ke. Suite 2000 Falls Church. Virginia 20530

Aparisi, Jaime Winthuysen, Esq. Law Offices of Jaime Winthuysen Aparisi 8630 Fenton Street, Suite 932 Silver Spring, MD 20910

OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

Immigrant & Refugee Appellate Center | www.irac.net

Name: GARCIA, WILFREDO HERNAND...

A 094-217-628

Date of this notice: 2/26/2014

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

DGnltL ctVVt.J
Donna Carr Chief Clerk

Enclosure Panel Members: Manuel, Elise lulseges Usertea m : Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Wilfredo Hernandez-Garcia, A094 217 628 (BIA Feb. 26, 2014)

U.S.

Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review Falls Church, Virginia 20530

File:

A094 217 628 - Baltimore, MD

Date:

In re: WILFREDO HERNANDEZ-GARCIA IN REMOVAL PROCEEDINGS APPEAL AND MOTION ON BEHALF OF RESPONDENT: APPLICATION: Remand Jaime Winthuysen Aparisi, Esquire

FEB 2 6 2014

Immigrant & Refugee Appellate Center | www.irac.net

The respondent, a native and citizen of El Salvador, appeals from the Immigration Judge's decision dated May 7, 2012, denying his motion to suppress and terminate, and finding him removable from the United States. The respondent informs us that he is no longer appealing the denial of his motion to suppress and terminate, and he has instead filed a motion to remand to seek voluntary departure pursuant to section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. § 1229c(b). According to the respondent, he married a lawful permanent resident on May 25, 2012, she intends to file a visa petition (Form I-130) on his behalf, he had no reason to request voluntary departure before the Immigration Judge, and that his voluntary departure request is based on circumstances that have arisen subsequent to the hearing.

See

8 C.F .R.

§ 1003.2(c)(l) (a motion to reopen for the purpose of affording the alien an opportunity to apply for any form of discretionary relief shall not be granted if it appears that the alien's right to apply for such relief was fully explained to him or her and an opportunity to apply therefore was afforded at the former hearing, unless the relief is sought on the basis of circumstances that have arisen subsequent to the hearing (emphasis added). The motion to remand will be granted, inasmuch as the respondent's circumstances have changed since the hearing. Accordingly, the following order will be entered. ORDER: The motion to remand is granted, and the record ts remanded for further

proceedings consistent with the foregoing opinion.

L FOR THE BOARD

r;My)l�..J

Cite as: Wilfredo Hernandez-Garcia, A094 217 628 (BIA Feb. 26, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BALTIMORE, MARYLAND

Immigrant & Refugee Appellate Center | www.irac.net

File:

A094-217-628

May 7,

2012

In the Matter of

WILFREDO HERNANDEZ RESPONDENT

GARCIA

IN REMOVAL PROCEEDINGS

CHARGES:

APPLICATIONS:

ON BEHALF OF RESPONDENT: ON BEHALF OF DHS:

CLAUDIA FLOWER

B ILLY SAPP

ORAL DEC IS ION OF THE IMMIGRATION JUDGE At a prior hearing, the Court made a finding after

listening to testimony and the arguments of the parties that all four of the factual allegations were sustained and that removability as charged was established under 212 (a ) The respondent's motion to terminate was denied. February 21, 2012,

( 6) (A )

(i).

That was on and the

following the suppression hearing,

case was scheduled today to give the respondent an opportunity

(

�·

to state what application, _if any, today.

for relief he intends to make He intends

The respondent has spoken through counsel.

Immigrant & Refugee Appellate Center | www.irac.net

not to make any application for relief,

and I would also note

that had the application been for voluntary departure, respondent would have had to explain how he would have merited a favorable exercise of discretion in a case in which the record reflects that he had previously been granted the privilege of a voluntary return. In any event, because the respondent has the following order

opted not to file an application for relief, is hereby entered.

The respondent shall be removed from the United States to El Salvador based on the charge in the Notice to Appear. appeal deadline in this case is June 6, 2012. The

LISA DORNELL Immigration Judge

A094-217-628

2

May

7,

2012

CERT IFICATE PAGE

I hereby certify that the attached proceeding before JUDGE

Immigrant & Refugee Appellate Center | www.irac.net

LISA DORNELL,

in the matter of:

W ILFREDO HERNANDEZ GARCIA

A094-217-628 MARYLAND

BALT IMORE,

is an accurate,

verbatim transcript of the recording as provided Immigration Review and that this is

by the Executive Office for

t he original transcript thereof for the file of the Executive Office for Immigration Review.

GRACE SHIPPS

(Transcriber) Inc.

DEPOS IT ION SERVICES, AUGUST 24, 2012

(Completion Date)

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