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Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)

Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent’s waiver of appeal was not knowing and intelligent because the immigration judge did not explain that the waiver was irrevocable. The Board then remanded the record because the immigration judge failed to issue a separate oral or written decision. 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Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent’s waiver of appeal was not knowing and intelligent because the immigration judge did not explain that the waiver was irrevocable. The Board then remanded the record because the immigration judge failed to issue a separate oral or written decision. 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Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 Jul 02, 2014
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07/18/2014

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Puntier, Noemi
5720 Buford Hw., Ste. 206
Norcross, GA 3007 1
Name: Mullins-McBride, Richard Alonzo
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Board of Immigration Appeals
O ce of the Chief Clerk
5107Leesbur Pie, Suite 2000
Fals Clurcl. Vrinia 20530
OHS/ICE Office of Chief Counsel - SOC
14 6CCARd.
Lumpkin, GA 31815
A 043-563-331
Date of this Notice: 5/8/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
Donna Carr
Chief Clerk
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)
Mullins -McBride, Richard Alonzo
A043·563·331
146CCARd.
Lumpkin, GA 31815
Name: Mullins- McBride, Richard Alonzo
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Board of Immigation Appeals
Ofce of the Chief Clerk
5!07LeæborgP0e,Saite2000
FalbCbmcb,Hqia20530
OHS/ I CE Ofice of Chief Counsel -SOC
146CCARd.
Lumpkin, GA 31815
A 043-563-331
Date of this Notice: 5/8/2014
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided -to
you as a courtesy. Your attorney or representative has been sered with tis decision pursuant to d C.F.R.
§ 1292.5(a). If the atached decision orders that you be removed from the United States or afns an
Immigration Judge's decision ordering that you be removed, any petition for review of the atached decision
must be filed with and received by the appropriate court of appeals within ôU day$ of the date of the
decision.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
Donna Carr
Chief Clerk
' .'·' �• "·
' · � ·
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Cite as: Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)
Ï.b.M6g8ItÆ60t 0Íð08tÎC6
Decision o!te Bomdo!mgaUonAppeals
·-� Executive Ofce mrImigration Review
,
1
Falls Chrch, Vigina ZÛâ3Û
File: A043 563 331 - Lupkn, GA Date:
MA'
- 8 20'4
H re: RICH ALONZO MULLIS-MCBRIE a.k.a. McBride Mullins A. Muillins
a.k.a. Richad A. Mullins-McBride a.k.a. Richad A. Mullinsmcbrde a.k.a. Ricard
Alono Mullins a.k.a. Richad Alonzo Mullinsmcbride a.k.a. Richad Mullins­
McBride a.k.a. McBride Alono Mullins a.k.a. Richad Alono McBrde a.k.a.
Richad Aonzo Mullins
I REMOVAL PROCEEDIGS
APEAL
ON BEHALF OF RESPONENT: Noemi Puntier, Esquire
ORER:
The respondent, a native ad citizen of Honduas, ha appealed fom te Imgation Judge's
decision dated Jauay 27, 2014. We review questions oflaw, discretion, ad judgent asing i
appeals fom decisions of Imigation Judges de novo, whereas we review fndings of fct i such
appeals under a "clealy eroneous" stadad. See 8 C.F.R. § 1003.l(d)(3).
Altough te Imgration Judge's written order dated Jauay 27, 2014, noted tat the
respondent had waved appeal, te tascript reveals tat te Imgaton Judge dd not mae clea
to the pro se respondent tat his waver of te right to appeal was irevocable (Tr. at 84 ). We
terefre fnd tat te respondent's waver of appeal wa not a lowing ad intelligent one. See
Matter of Rodrigez-Diaz, 22 I&N Dec. 1320 (BIA 2000).
Because te Imigation Judge had concluded that the respondent had waved appeal, she did
not prepae a fll decision including fct-fnding ad legal aalysis with regad to te respondent's
removaility ad ay eligbility fr relief fom removal. We terefre will remad te record to
te I  igation Judge fr the prepaation of a more complete decision. See Matter of S-H-,
23 I&N Dec. 462 (BIA 2002); Matter of ¬-Ì-, 22 I&N Dec. 468 (BIA 1999).
U addition, te respondent has submited new evidence on appeal beang upon his
removabilit. We gat the respondent's motion to remad fr te Imigation Judge to consider
te new evidence.
Accordingly, te record is remaded to te Imgation Court fr fer proceedigs.
�Y� Q
FOR J BOA
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Cite as: Richard Alonzo Mullins-McBride, A043 563 331 (BIA May 8, 2014)
« ·´
IMIGRTION COURT
146 CC· ROA
LUPKIN, GA 31815
In the Matter of
Case No.: A043-563-331
MULLINS-MCBRIDE, RICHAD ALONZO
Respondent
ORDER OF THE IMIGRTION JUGE
This is a summar of the oral decision entered on  
This memorandum is solely for the convenience of th
proceedings should be appealed or reopened, the or
the
become
th fficial opinion in the case.
The respondent was ordered
or in the alternative to ÷¹@ ,
| ) Respondent's application o 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 )denied( )withdraw.
[ ) Withholding of removal was ( )granted ( )denied )withdraw.
| | A Waiver uder Section �was ( )granted ( }denied ( }withdraw.
| ) Cancellation of removal uder section 240A(a) was ( )granted ( )denied
( )withdrawn.
Respondent's application for:
| ) Cancellation under section 240A(b) (l} 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
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this. order.
Adjustment of Status under Section was ( )granted ( )denied
( )withdraw. If granted it is ordered that the respondent be issued
all appropriated documents necessar 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 relief for
failure to appear as ordered in the Immigra udge•s oral
Proceedings were terminated.
Other:
Date: Jan 13, 2014
Appeal Due
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