U.S.

Department of Justice
Executive Office for Immigration Review Board of Immigration Appeals Office of the Clerk
5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041

PARRA-DUARTE, JOSE JESUS 435 S. AMARILLO VALLEY STANFIELD, AZ 85172

DHS/ICE Office of Chief Counsel - PHO P .O.Box 25158 Phoenix, AZ 85002

Immigrant & Refugee Appellate Center | www.irac.net

Name: PARRA-DUARTE, JOSE JESUS

A 078-263-341

Date of this notice: 2/11/2013

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

DCirtttLCt2AAJ
Donna Carr Chief Clerk Enclosure
Panel Members: Hoffman, Sharon

lucasd Userteam: Docket

Cite as: Jose Jesus Parra-Duarte, A078 263 341 (BIA Feb. 11, 2013)

U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File: A078 263 341 - Phoenix, AZ In re: JOSE JESUS PARRA-DUARTE IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: Pro se 1 ON BEHALF OF DHS: Shane Hartman Assistant Chief Counsel

Date:

FEB 11 201J

Immigrant & Refugee Appellate Center | www.irac.net

APPLICATION: Voluntary departure

The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's December 2. 2010, decision? In that decision, have no viable application for relief before him, the Immigration Judge ordered the respondent removed from the United States to Mexico. The appeal will be dismissed. We review Immigration Judges' findings of fact for clear error, but questions of law, discretion, and judgment, and all other issues, de novo. 8 C.P.R.§§ 1003.l(d)(3)(i), (ii). The respondent has conceded both before the Immigration Judge and also on appeal that he is not statutorily eligible for voluntary departure as he was previously permitted to depart voluntarily after having been found inadmissible under section 212(a)(6)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A). See section 240B(c) of the Act, 8 U.S.C. § 1229c(c). Nevertheless, the respondent argues on appeal that he should be granted voluntary departure in the exercise of discretion alone. However, the respondent has the burden to establish both statutory eligibility for relief and that a favorable exercise of discretion is warranted. See section 240(c)(4) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(4). Neither the Immigration Judge nor the Board has the authority to grant voluntary departure in the exercise of discretion alone as we are bound by the statutes and regulations we administer and have no authority beyond that which is delegated by the Attorney General or provided for by statute. See Matter ofValdovinos, 18 I&N Dec. 343 (BIA 982). Accordingly, the following order will be entered.
1

We note that Kevin M. Gibbons, Esquire, has been suspended from practice before the Board. As this attorney is not permitted to practice law before the Board at this time, this order is being sent directly to the respondent.
2

Removability is not disputed.
Cite as: Jose Jesus Parra-Duarte, A078 263 341 (BIA Feb. 11, 2013)

A078 263 341

ORDER: The appeal is dismissed.

/1

4

Immigrant & Refugee Appellate Center | www.irac.net

2

Cite as: Jose Jesus Parra-Duarte, A078 263 341 (BIA Feb. 11, 2013)

••
U.S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT Phoenix, Arizona File A 78 263 341 Date: December 2, 2010

Immigrant & Refugee Appellate Center | www.irac.net

In the Matter of

JOSE JESUS PARRA-DUARTE Respondent

IN REMOVAL PROCEEDINGS

CHARGE:

212 (a) ( 6) (A) ( i) presence in the United States without admission or parole

APPLICATION:

None

APPEARANCES: ON BEHALF OF RESPONDENT: ON BEHALF OF THE DEPARTMENT OF HOMELAND SECURITY: Shane C. Hartman, Esquire Office of the District Counsel 2035 North Central Avenue Phoenix, Arizona 85004

Daniel Jenson, Esquire 1990 West Camelback Road, Suite 102 Phoenix, Arizona 85015

ORAL DECISION OF THE IMMIGRATION JUDGE The Respondent is a native and citizen of Mexico brought into proceedings with the filing of a Notice to Appear marked as Exhibit 1, charging removability as noted above. The Respondent,

through counsel, at a Master Calendar hearing admitted the allegations of the charging document and conceded the charge.

••
Based upon pleadings the Court found removability established by clear and convincing evidence. Mexico is designated as the The Respondent was His matter At country for removal should that have to occur. given the opportunity to look in relief possibilities. was reset to a Master Calendar hearing on December 2, 2010.

Immigrant & Refugee Appellate Center | www.irac.net

that hearing, Respondent's counsel conceded both in writing in the brief form and orally that the Respondent does not qualify for any relief including voluntary departure and cancellation of removal. Inasmuch as he has been found to have been removable by clear and convincing evidence, and has no relief, the Court hereby orders the Respondent removed from the United States to Mexico based upon the sustained charge herein.

LAMONTE S. FREERKS Immigration Judge

A 78 263 341

2

December 2, 2010

:.
CERTIFICATE PAGE I hereby certify that the attached proceeding before LAMONTE S. FREERKS, in the matter of: JOSE JESUS PARRA-DUARTE
A 78 263 341

Immigrant & Refugee Appellate Center | www.irac.net

Phoenix, Arizona was held as herein appears, and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.

Rebecca L. Price, Transcriber

YORK STENOGRAPHIC SERVICES, INC. 34 North George Street York, Pennsylvania 17401-1266 (717) 854-0077

January 5, 2011 Completion Date rlp/bjn

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.