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Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5 I 0 7 Leesburg Pike. Suite 2000 Falls Cliurclt, Virginia 20530

Davis, Howard R., Esq. Law Office 1351 Third Street, Suite 301 Santa Monica, CA 90401

DHS/ICE Office of Chief Counsel 880 Front St., Room 1234 San Diego, CA 92101-8834


Immigrant & Refugee Appellate Center |


A 095-686-160

Date of this notice: 12/4/2013

Enclosed is a copy of the Board1s decision and order in the above-referenced case. Sincerely,

DOrutL ct1/vV
Donna Carr Chief Clerk

Enclosure Panel Members: Kendall-Clark, Molly

yungc Userteam: Docket

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Cite as: Arya Etedali, A095 686 160 (BIA Dec. 4, 2013)

U.S Department of Justice Executive Office for Immigration Review

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Decision of the Board of Immigration App eals

Falls Church, Virginia 20530

File: A095 686 160 - San Deigo, CA In re: ARYA ETEDALI a.k.a. Araya Etedali IN REMOVAL PROCEEDINGS APPEAL


DEC -42013

Immigrant & Refugee Appellate Center |

ON BEHALF OF RESPONDENT: Howard R. Davis, Esquire ON BEHALF OF DHS: Kathryn E. Stuever Assistant Chief Counsel

CHARGE: Notice: Sec. 237(a)(l)(B), I&N Act [8 U.S.C. 1227(a)(l)(B)] In the United States in violation of law


On January 6, 2010, the Immigration Judge denied the respondent's request for a continuance and granted voluntary departure. On appeal, this Board found that the respondent did not establish good cause for a continuance, denied the appeal, denied reinstatement of voluntary departure because he did not submit proof of posting a $500 bond, and ordered the respondent removed to Canada. The respondent filed a motion to reopen under Matter of Velarde-Pacheco, 23 l&N Dec. 253 (BIA 2002), which was denied by this Board on October 12, 2011. Subsequently, the respondent filed a petition for review with the United States Court of Appeals for the Ninth Circuit. The government then filed a motion to remand with the court. The government sought a remand for the Board to consider the impact of our precedent in Matter of Gamero Perez, 25 I&N Dec. 164 (BIA 2010), on the issue of voluntary departure. On March 8, 2013, the Ninth Circuit remanded the record to this Board. The record will be remanded to the Immigration Court for further proceedings. Upon further consideration of this case, we acknowledge that our previous decisions regarding voluntary departure reinstatement were reached in error. We previously found that the respondent was adequately advised by the Immigration Judge that he was required to submit proof of posting his bond to this Board within 30 days of filing his appeal. Although the record reveals that the respondent was advised of the requirement to post a bond, the Immigration Judge did not advise the respondent that he must submit proof of posting the bond to the Board within 30 days of filing an appeal and that the Board will not reinstate a period of voluntary departure in its final order unless he timely submitted sufficient proof that the required bond has been posted (I.J. at 3-4; Tr. at 44-47). See Matter of Gamero Perez, supra, at 167-68; see also 8 C.F.R. 1240.26(c)(3). Thus, the facts of this case fall squarely within Matter of Gamero Perez. Accordingly, the record will be remanded to the Immigration Judge to grant a new period of voluntary departure and to provide all advisals that are required upon granting such relief,
Cite as: Arya Etedali, A095 686 160 (BIA Dec. 4, 2013)

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AQ9-5 686 160

including, but not limited to, the obligation to timely post the specified bond with the Immigration and Customs Enforcement Field Office Director and the consequences of failing to timely submit sufficient proof of such posting to the Board if an appeal is filed. On remand, the respondent will be provided the opportunity to pursue any application for relief from removal for which he may be eligible. ORDER: The record is remanded to the Immigration Judge for further proceedings consistent with this decision.

Immigrant & Refugee Appellate Center |


Cite as: Arya Etedali, A095 686 160 (BIA Dec. 4, 2013)