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Jose Eduardo Montoya-Renderos, A095 020 672 (BIA June 23, 2014)

Jose Eduardo Montoya-Renderos, A095 020 672 (BIA June 23, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record where the respondent alleged he did not knowingly and intelligently concede ineligibility for relief and asserted that his prior attorney's failure to pursue TPS amounted to ineffective assistance of counsel. The decision was written by Member Molly Kendall-Clark.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record where the respondent alleged he did not knowingly and intelligently concede ineligibility for relief and asserted that his prior attorney's failure to pursue TPS amounted to ineffective assistance of counsel. The decision was written by Member Molly Kendall-Clark.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 Aug 04, 2014
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Spindler, Wayne

First Stop Immigration Service
P.O. Box 16501
Encino, CA 91416-6501
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leeburg Pke, Suite 2000
Fals Church. Vrginia 20530
OHS/ICE - Ofice of Chief Counsel
10400 Rancho Road
Adelanto, CA 92301
Name: MONTOYA RENDEROS, JOSE E ... A 095-020-672
Date of this notice: 6/23/2014
Enclosed is a copy of the Board's decision ad order in the above-refrenced case.
Enclosure
Panel Members:
Kendall-Clark, Molly
Sincerely,
Don t t
Donna Car
Chief Clerk
Trane
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Jose Eduardo Montoya-Renderos, A095 020 672 (BIA June 23, 2014)
MONTOYA RENDEROS, JOSE EDUARDO
A095-020-672
ADELANTO DETENTION FACILITY
10400 RANCHO RD
ADELANTO, CA 92301
Name: MONTOYA RENDEROS, JOSE E ...
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leeburg Pike, Suite 2000
Fals Church, Vrginia 20530
OHS/ICE - Ofice of Chief Counsel
10400 Rancho Road
Adelanto, CA 92301
A 095-020-672
Date of this notice:
6/23/2014
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you as a courtesy. Your attorey or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be
removed fom the United States or afrs a Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Kendall-Clark, Molly
Sincerely,
Do  c t
Donna Carr
Chief Clerk
Trane
Useream: Docket
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Cite as: Jose Eduardo Montoya-Renderos, A095 020 672 (BIA June 23, 2014)
" .
"
U.S. Deparment of Justice
Executive Ofce fr Imigation Review
Decision of the Boad of I

igration Appeals
Falls Church, Virginia 20530
File: A095 020 672 - Adelanto, CA Date:
JUN 2 3 2014
In re: JOSE EDUARDO MONTOYA-RNDEROS a.k.a. Jose E. Renderos a.k.a.
Jose Eduad Montoya-Rendero
I REMOVAL PROCEEDIGS
APPEAL AND MOTION
ON BEHALF OF RESPONDENT: Wayne Spindler, Esquire
APPLICATION: Remad
Te respondent, a native and citizen of El Salvador, has appealed fom the Immigation
Judge's decision dated December 24, 2013. Upon consideration, the record will be remaded to
the Immigation Judge fr frther proceedings.
At his removal hearing, the respondent requested only pre-conclusion voluntary depare
under section 240B(a) of te Immigration and Nationalit Act, 8 U.S.C. § 1229c(a). Te
Immigation Judge granted that relief ad te respondent waived appeal. See Trascript of the
Proceedings at 8-10. On appeal, the respondent argues, inter alia, that he did not kowingly ad
intelligently concede his ineligibility fr relief, and claims tat his frmer atorey's filure to
pursue Temporary Protected Status ("TPS") on his behalf befre the Immigration Judge
constittes inefective asistace of cousel.
Given te totality of the circumstances presented here, including the circuit in which te case
aises ad the allegations of inefective assistance of counsel, we will remand the record to allow
the respondent to establish eligibility fr TPS. We express no opinion on the outcome of this
case.
Accordingly, the fllowing order will be entered.
ORDER: The record is remanded to the Immigration Judge fr fher proceedings not
inconsistent wit this decision.
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Cite as: Jose Eduardo Montoya-Renderos, A095 020 672 (BIA June 23, 2014)
a· . 
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IMMIGRATION COURT
10250 RANCHO RD., SUITE 201A
AELANTO, CA 92301
In the Matter of
MONTOYA RENDEROS, JOSE EDUARDO
Respondent
Case No.: A095-020-672
IN REMOVAL PROCEEDINGS
This is a summary of the oral decision entered on
Respondent's application for:
[ ] Asylum was ( )granted
[
] Withholding of removal was
[ ] A Waiver under Section
)denied{ )withdrawn.
)granted ( )denied )withdrawn.
was ( }granted ( )denied }withdrawn.
[ ] Cancellation of removal under section 240A{a} was ( )granted )denied
( }withdrawn.
Respondent's application for:
[ ] Cancellation under section 240A(b) (1) was { ) granted ) denied
( ) withdrawn. 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 documents 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 ( } withdrawn.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a _  until
As a condition of admission, respondent is to post a $ 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 Immigration Judge's oral decision.
Proceedings were terminated.
Other:
Date: Dec 24, 2013
Due By:
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