P. 1
Esther Wangari Kinyanjui, A097 632 790 (BIA Mar. 26, 2014)

Esther Wangari Kinyanjui, A097 632 790 (BIA Mar. 26, 2014)

|Views: 255|Likes:
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge denied a request for a continuance without addressing the factors set forth in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), USCIS had not yet forwarded the appeal from the denial of his visa petition, and the respondent's second visa petition had not yet been adjudicated. The decision was written by Member Edward Grant.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge denied a request for a continuance without addressing the factors set forth in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), USCIS had not yet forwarded the appeal from the denial of his visa petition, and the respondent's second visa petition had not yet been adjudicated. The decision was written by Member Edward Grant.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

More info:

Published by: Immigrant & Refugee Appellate Center, LLC on Apr 02, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/03/2014

pdf

text

original

U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

King-Hammond, Annette, Esq. 2100 Parklake Drive, Suite D Atlanta, GA 30345

OHS/ICE Office of Chief Counsel - ATL 180 Spring Street, Suite 332 Atlanta, GA 30303

Immigrant & Refugee Appellate Center | www.irac.net

Name: KINYANJUI, ESTHER WANGARI

A 097-632-790

Date of this notice: 3/26/2014

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

DOrutL caAAJ
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For more unpublished BIA decisions, visit www.irac.net/unpublished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: Esther Wangari Kinyanjui, A097 632 790 (BIA Mar. 26, 2014)

U.S. Department of Justice Executive Office for Immigration Review
Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File: In re:

A097 632 790 - Atlanta, GA ESTHER WANGARI KINYANJUI

Date:

MAR

2 G 2014

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Annette King-H ammond, Esquire

Kelley N. Sydnor Assistant Chief Counsel

APPLICATION:

Continuance; adjustment of status

The respondent, a native and citizen of Kenya, has appealed from the Immigration Judge's June 20, 2012, decision. The record will be remanded to the Immigration Judge.

The Immigration Judge, in his decision, noted that he had granted several continuances, that the case was 8 years old, that the initial visa petition filed on behalf of the respondent had been denied, that an appeal of that decision was pending, and that the second visa petition filed on behalf of the respondent had not yet been adjudicated (I.J. at 2-3). Dec. 785 (BIA 2009), However, the record does not reflect that the Immigration Judge addressed the factors set forth in Matter

of Hashmi,

24 l&N

in his consideration of the continuance request.

Under these

circumstances, and in an abundance of caution, the record will be remanded. are not known.

We note that the

record does not contain the decision denying the initial visa petition, so the reasons for the denial We also note that our administrative records indicate that any appeal of that initial In addition, we note that visa petition has not yet been forwarded to the Board for adjudication. reflect that the second visa petition is still awaiting adjudication. Accordingly, the following order will be ORDER: The record is remanded to the igration Judge for further proceedings consistent

the administrative records of the United States Citizenship and Immigration Service (USCIS)

with this opinion and for the entry of a new decis1 n.

Cite as: Esther Wangari Kinyanjui, A097 632 790 (BIA Mar. 26, 2014)

(

�'

UNITED STATES DE PARTMENT O F JUSTICE EXECUTIVE O F FICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT ATLANTA, GEORGIA

Immigrant & Refugee Appellate Center | www.irac.net

File:

A097-63 2-790

June 20,

2012

In the Matter of

ESTHER WANGARI KINYANJU I RES PONDENT

IN REMOVAL PROCEEDINGS

CHARGES:

Section 237{a) (1) (B) of the Immigration and Nationality Act.

A P PLICATION:

Continuance.

ON BEHAL F O F RES PONDENT: ANNETTE KING-HAMMOND ON BEHAL F O F DHS: KELLEY N. SYDNOR

ORAL DECISION OF THE IMMIGRATION JUDGE This case came before the Court as the result of a Notice to Appear that was issued by the Department of Homeland Security. The charging document alleges that the respondent is

a native and citizen of Kenya and that she is removable from the United States pursuant to Section 237 of the Immigration and Nationality Act. The respondent admits the factual allegations In light of

in the Notice to Appear and concedes removability.

(

the foregoing, the Court finds by clear and convincing evidence that the respondent is removable from the United States as

Immigrant & Refugee Appellate Center | www.irac.net

charged.

The Court will sustain the charge of removal and

designate the country of removal should that become necessary. This case has been pending since the Notice to Appear was issued in March of 2004. In the interim, the Court has

granted many continuances for the purposes of the respondent's adjudication of an I-130 filed on her behalf. At the last

hearing in this case, which was held on December 21, 2011, the Court granted a continuance to allow the respondent's application to be adjudicated. Following the last year, the The respondent has

application for an I-130 was denied.

subsequently filed an appeal of that denial, and a new I-130 was filed on her behalf by her same spouse. Respondent asked the Court to continue the case further for one of two things to happen. Either for the Board

to adjudicate the appeal of the I-130 that was filed or for the United States Citizenship and Immigration Services to adjudicate a second I-130 filed by her same spouse. The Court does not

find that there has been good cause for a further continuance in this case. There is no evidence or indication that the

decisions that were reached by the agencies are likely to be overturned. The Court has granted several continuances for the This case has been The

purposes of adjudication of the application.

pending before the Court for approximately eight years.

A097-632-790

2

June 20, 201 2

(:
I,

r''

Court has granted the respondent ample time to have a fair hearing on her I-130 visa petition. a determination has been reached. A hearing has been held and

Immigrant & Refugee Appellate Center | www.irac.net

The respondent has filed an

appeal but the respondent can seek to stay the Court's order should she choose to do so when she seeks review of the Court's decision that would be entered today. Procedurally probable,

this Court's order of removal and the respondent's I-130 visa petition will be pending at the appellate agencies and they will make the appropriate decision in the case. At the present time, the Court will not grant any further continuances, having found that the respondent has been given ample time to pursue the I-130 visa petition. will deny a motion for a continuance. The respondent is removable and the Court will enter an order of removal. The Court will also grant the respondent's The Court will grant the The Court

request of voluntary departure.

respondent's request for voluntary departure for the maximum amount of time and impose the minimum amount of bond. will enter the following order in this case. ORDER IT IS HEREBY ORDERED the respondent's application for voluntary departure be, and is hereby is, granted. Respondent The Court

is granted voluntary departure up to and including August 20, 2012, which is 60 days from today, from the posting of a $500 bond within five business days, with an alternate order of

A097-63 2-790

3

June 20, 201 2

removal to Kenya. Warning to respondent. Failure to leave the United

Immigrant & Refugee Appellate Center | www.irac.net

States as required means that you could be removed from this country, you may have to pay a civil penalty of between $1,000 and $5, 000, and you will be ineligible for 10 years to receive cancellation of removal, adjustment of status, change of status, voluntary departure, or relief under the registry provisions. The respondent has reserved her right to appeal. deadline for filing an appeal is July 20, 2012. The

If respondent

files an_ appeal, she is hereby advised that she must provide the Board of Immigration Appeals within 30 days of filing an appeal sufficient proof of having posted a voluntary departure bond. The respondent is advised that the Board will not reinstate the voluntary departure period in this final order if she does not submit timely proof to the Board that the voluntary departure bond has been posted. If respondent does not appeal and instead files a motion to reopen or a motion to reconsider during the voluntary departure period, she is hereby advised that the period allowed for voluntary departure will not be stayed, tolled, or extended. The period allowed for voluntary departure will be terminated automatically, the alternate order will take effect immediately, but the penalties for failing to depart voluntarily will not apply. Finally, the respondent is advised that the Court has

A097-632-790

4

June 20, 2012

set the civil monetary penalty of failing to depart within the voluntary departure period at the presumptive amount of $3, 000.

Immigrant & Refugee Appellate Center | www.irac.net

EARLE B WILSON Immigration Judge

A097-632-790

5

June 20, 2012

.

.

CERTIFICATE PAGE I hereby certify that the attached proceeding before JUDGE

Immigrant & Refugee Appellate Center | www.irac.net

EARLE B WILSON, in the matter of: ESTHER WANGARI KINYANJUI A097-632-790 ATLANTA, GEORGIA is an accurate, verbatim transcript of the recording as provided by the Exe cutive Office for Immigration Review and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.

MEGHAN M. GOURLEY (Transcriber) DEPOSITION S ERVICES, Inc. AUGUST 19, 2012

(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)//-->