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George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)

George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to provide an additional opportunity to seek adjustment of status because the Immigration Judge failed to advise the respondent of the consequences of failing to file his criminal record or updating his fingerprints. The decision was written by Member Elise Manuel and joined by Member Sharon Hoffman and Member John Guendelsberger.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to provide an additional opportunity to seek adjustment of status because the Immigration Judge failed to advise the respondent of the consequences of failing to file his criminal record or updating his fingerprints. The decision was written by Member Elise Manuel and joined by Member Sharon Hoffman and Member John Guendelsberger.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 27, 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

Mettias, Jimmy Philip, Esquire Mettias Law Firm 14393 Park Ave, Suite 100 Victorville, CA 92392-3300

OHS/ICE Office of Chief Counsel - LOS 606 S. Olive Street, 8th Floor Los Angeles, CA 90014

Immigrant & Refugee Appellate Center | www.irac.net

Name: TOMA, GEORGE ANTON

A 095-722-220

Date of this notice: 3/20/2014

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

DorutL ca.t\AJ
Donna Carr Chief Clerk

Enclosure Panel Members: Hoffman, Sharon Guendelsberger, John Manuel, Elise

Lulseges
Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)
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U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A095 722 220 - Los Angeles, CA

Date:

MAR 2 G 2014

In re: GEORGE ANTON TOMA
IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: Jimmy Philip Mettias, Esquire

APPLICATION: Adjustment of status; continuance

The respondent, a native and citizen of Jordan, appeals from the decision of the Immigration Judge, dated April 10, 2012, deeming his application for adjustment of status under section 245 of the Immigration and Nationality Act, 8 U.S.C.

§ 1255,

abandoned.

The appeal will be

sustained and the record will be remanded to the Immigration Judge. In light of the totality of the circumstances presented in this matter, we conclude that remanded proceedings are warranted to provide the respondent with a reasonable opportunity to pursue his application for adjustment of status under section 245 of the Act. Although the respondent appeared at his last hearing without submitting his updated California Department of

Justice criminal record, and further without updating his fingerprints as instructed by the Immigration Judge, the record does not reflect that the Immigration Judge informed the respondent of the consequences of not timely filing the criminal record or updating his fingerprints (Tr. at 80). Under such circumstances, and given that the Department of Homeland Security has not responded to the present appeal, we conclude that the respondent should be afforded an additional opportunity to pursue his adjustment of status claim in light of the equities presented in this case, including his lengthy residence and family ties in this country. We remind the respondent that it is his burden to establish eligibility for relief from removal. Accordingly, the following orders will be entered. ORDER: The respondent's appeal is sustained and the lmmigration Judge's April 10, 2012, decision is vacated. FURTHER ORDER: The record is remanded to the Immigration Court for further

proceedings consistent with the foregoing opinion and the entry of a new decision.

FOR THE BOARD

Cite as: George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)
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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT LOS ANGELES, CALIFORNIA

Immigrant & Refugee Appellate Center | www.irac.net

File:

A095-722-220

April 10,

2012

In the Matter o f

)
.

GEORGE ANTON TOMA RESPONDENT

) ) )

IN REMOVAL PROCEEDINGS

CHARGES:

Section 237 (a) (1) (B) Nationality Act longer permitted.

of the Immigration and

remained in the United States

APPLICATIONS:

Adjustment o f status under Section 245; for continuance.

request

ON BEHALF OF RESPONDENT: ON BEHALF OF DHS:

NASSIM ARZANI

TRACY NGUYEN

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a 34-year-old single male, and citizen o f Jordan. Los Angeles, native

He was admitted to the United States at 1989 as a non-

California on about August 30,

immigrant visitor with authorization to remain for a temporary period not to exceed one year. On July 20, (DHS) 2006, the United

States Department of Homeland Security

issued a Notice to

(

('

�·

Appear

(NTA)

commencing removal proceedings under Section 240 of (INA) . The NTA was served

the Immigration and Nationality Act

Immigrant & Refugee Appellate Center | www.irac.net

by personal delivery on respondent on July 21, filed with the Immigration Court on July 24, 1. On September 6, 2006,

2006 and was See Exhibit

2006.

respondent admitted the factual On the basis

allegations in the NTA and .conceded removability. o f respondent's admissions and concessions,

the Court finds that

respondent's removability has been established by clear and convincing evidence. Respondent sought relie f in the form of Respondent declined to The record

adjustment of status under INA §245(a) .

seek voluntary departure in the alternative.

discloses that respondent has numerous arrests and convictions. See Exhibit 2; Exhibit

8.

Therefore,

the Immigration Judge in

several occasions requested that respondent submit the state of California Department o f Justice criminal rap sheet. Exhibits 10-12. Respondent See

failed to comply with these requests

even though they were made over the course of more than two and one half years. of removal, The respondent declined to designate a country

and the Court designated Jordan upon the At the hearing on September 1, 2010, the

Government's motion.

Court specifically advised respondent of the need to have his fingerprints taken with DHS prior to today's hearing. cannot determine respondent's eligibility having the fingerprints taken. The Court

for relief without fingerprints from

In addition,

the respondent are required prior to the granting of relief

A095-722-220

2

April 10,

2012

\

under Section 245 of the Act.

See

8 C. F. R.

§1003. 47 (b) .

An

application for relief subject to the fingerprint requirement is

Immigrant & Refugee Appellate Center | www.irac.net

deemed abandoned if respondent

fails to register for a

fingerprint appointment or fails to keep an appointment for fingerprinting.

8 C. F.R.

§1003. 47 (c)

and

(d) .

Because the respondent has failed to have his fingerprints taken prior to this hearing and he has not demonstrated that the failure was the result of good cause, the

Court will deem his application for adjustment of status to have been abandoned. Respondent requested additional time to comply However, the respondent has not

with the Court's request.

provided any viable reason for the Court to grant a continuance. Respondent has asse�ted that he did not have a ride to get his fingerprints taken. respondent. The Court does not accept this excuse for

Respondent's parents are in the United States and

he has not demonstrated why he has not been able to get his fingerprints taken despite notice of over 19 months. Respondent

also failed to get his Cali fornia Department of State criminal records, do so. despite three requests and nearly three years time to Therefore, the Court finds no good cause to continue

this matter and additional time to have the fingerprints taken. Respondent seeks no other relief Consequently, from removal.

the Court will enter the following orders. ORDERS

IT IS HEREBY ORDERED that respondent's application for

A095-722-220

3

April

10,

2012

\

ad j ustment of .status under Section 245 be deemed abandoned. IT IS FURTHER ORDERED that respondent be removed from

Immigrant & Refugee Appellate Center | www.irac.net

the United States to Jordan on the charge contained in the Notice to Appear.

April 10,

2012 Immigration Judge

A095 - 722 - 220

4

April 10,

2012

,--� (
.

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE

Immigrant & Refugee Appellate Center | www.irac.net

LEE

O'CONNOR,

in the matter of:

GEORGE ANTON TOMA

A095-722-220

LOS ANGELES,

CAL IFORNIA

i s an accurate,

verbatim.transcript of the recording as provided

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

FERDINAND T.

BASILIO

(Transcriber) Inc.

DEPOSITION SERVICES, JUNE 12, 2012

(Completion Date}

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