Professional Documents
Culture Documents
Department of Justice
Executive Office for Immigration Review
A 205-150-585
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Hoffman, Sharon
Userteam: Docket
Cite as: Francisco Fabian-Medrano, A205 150 585 (BIA Nov. 24, 2014)
Date:
File:
In re:
NOV 24 2014
APPEAL
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:
An Mai Nguyen
The respondent, a native and citizen of Mexico, appeals the decision of the Immigration
Judge, dated December 10, 2012, denying his request for voluntary departure and ordering his
removal from the United States.
motion for summary affirmance. The record will be remanded for remanded for further
proceedings.
The Board reviews findings of fact made by the Immigration Judge under a clearly erroneous
standard. 8 C.F.R.
The respondent sought voluntary departure pursuant to section 240B of the Immigration and
Nationality Act, 8 U.S.C.
not met his burden of proving that he was not precluded from seeking voluntary departure based
upon documents that showed the respondent had been charged with possession of marijuana and
possession of drug paraphernalia. Since the respondent was unable to show that he had been
convicted of possession of less than 30 grams of marijuana, the Immigration Judge concluded
that the respondent was unable to show the requisite good moral character for voluntary
departure (I.J. at 3-4).
125 (BIA 2009).
See section 101(f)(3) of the Act; Matter of Espinoza, 25 l&N Dec. 118,
Cite as: Francisco Fabian-Medrano, A205 150 585 (BIA Nov. 24, 2014)
IN REMOVAL PROCEEDINGS
Cite as: Francisco Fabian-Medrano, A205 150 585 (BIA Nov. 24, 2014)
JUSTICE
File:
NEVADA
December 10,
A205-150-585
2012
In the Matter of
IN REMOVAL PROCEEDINGS
FRANCISCO FABIAN-MEDRANO
RESPONDENT
CHARGE:
Nationality Act
States
APPLICATION:
(the Act)
ON BEHALF OF RESPONDENT:
ROBERT WEST
P.O. Box 50390
Henderson,
ON BEHALF OF
OHS:
Nevada 89016
AN MAI NGUYEN
Assistant Chief Counsel
JUDGE
On January 9,
(DHS)
2012,
the Department of
(NTA)
against
also on January 9,
2012.
See Exhibit 1.
LAS VEGAS,
2012,
2012,
The
that if the
to include
At today's hearing,
the respondent,
through
counsel,
of the Act.
See Section
However,
that the respondent has not met his burden of proving that he
qualifies for post-conclusion voluntary departure.
101 (f) (3)
first,
presented evidence,
in the
A205-150-585
2012,
charges.
See Sections
December 10,
2012
he had pled guilty and had attended classes and that the case
was closed based upon this disposition.
However,
good moral
In this case,
of the Criminal
charges,
25 I&N
Dec 118,
the
the evidence that the conduct that made him inadmissible was
either a single offense of simple possession of 30 grams or less
of marijuana or an act that related to such an offense."
Although the Espinoza case arose in the context of a
Section 212(h)
waiver,
The
Court will conclude that the respondent has not met his burden
of proving that
A205-150-585
December 10,
2012
the law is
ORDER
IT IS HEREBY ORDERED that the respondent's application for
post-conclusion voluntary departure be denied.
IT IS FURTHER ORDERED that the respondent shall be removed
from the United States to Mexico pursuant to the charge
contained in the NTA.
JE F FREY L.
ROMIG
Immigration Judge
A205-150-585
December 10,
2012
orders:
I,
I Isl/
,
.,
:)
A205-150-585
ROMIG
December 10,
2012