Professional Documents
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Department of Justice
Hernandez, Christine M., Esq. Hernandez & Associates, P .C. 1490 Lafayette Street, Suite 307 Denver, CO 80218
OHS/ICE Office of Chief Counsel - DEN 12445 East Caley Avenue Centennial, CO 80111-5663
A 089-822-467
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
D Ca.;vu
Donna Carr Chief Clerk
Enclosure
Panel Members: Adkins-Blanch, Charles K.
Cite as: Antonia Leanos-Torres, A089 822 467 (BIA Feb. 26, 2014)
File:
In
Date:
FEB 2 6 Z0\4
IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Christine M. Hernandez, Esquire
CHARGE: Notice: Sec. 2 12(a)(6)(A)(i), I&N Act [8 U.S.C. 1 182(a)(6)(A)(i)] Present without being admitted or paroled
APPLICATION: Remand
The respondent, a native and citizen of Mexico, appeals from the hnmigration Judge's decision dated May 1 1, 20 12, ordering her removal from the United States. In her appellate brief, the respondent argues that the Immigration Judge's decision is deficient, and she motions for a remand indicating that the Immigration Judge neglected to render a removability finding, consider her voluntary departure application, and she contends that the proceedings should have been continued for the Department of Homeland Security (DHS) to adjudicate her petition for a non-immigrant U-visa. The record will be remanded. The Board defers to the factual findings of an Immigration Judge, unless they are clearly erroneous, but it retains independent judgment and discretion, subject to applicable governing standards, regarding pure questions of law and the application of a particular standard of law to those facts. 8 C.F.R. 1003.l(d)(3); Matter ofA-S-B-, 24 I&N Dec. 493 (BIA 2008). We agree with the respondent that the Immigration Judge's decision is insufficient. See section 101(a)(47) of the hnmigration and Nationality Act, 8 U.S.C. 1101(a)(47) (defining the term "order of deportation"); 8 C.F.R. 1240.12(a) (requiring that an Immigration Judge's decision include a removability finding and reasons for either granting or denying a request); Matter of A-P-, 22 I&N Dec. 468 (BIA 1999). The respondent on March 3, 2010, denied allegations three and four that are contained in the Notice to Appear and disputed that she is removable from the United States, as charged (Tr. at 4). On May 11, 20 12, the Immigration Judge acknowledged the challenges, but the hnmigration Judge did not specifically address them (I.J. at 1; Tr. at 15-16). In addition, the respondent on January 18, 2012, indicated her intention to apply for voluntary departure if her U-visa petition were to be denied (Tr. at 13). However, the Immigration Judge neglected to consider the application at the May 11, 2012, hearing. Moreover, the Immigration Judge on May 1 1, 20 12, denied, based solely on lack of jurisdiction, the respondent's motion for a continuance to await the DHS adjudication of her U-visa petition
Cite as: Antonia Leanos-Torres, A089 822 467 (BIA Feb. 26, 2014)
A089 822 467 (Tr. at 15). However, subsequent to the hearing, the Board issued Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012), which set forth factors to consider when determining whether good cause exists to continue removal proceedings to await the adjudication of a pending petition for a U-visa. In light of the foregoing, we will remand these proceedings for the Immigration Judge to determine whether the respondent is removable from the United States, and if so, whether she is eligible for voluntary departure and a continuance pursuant to the factors set forth in Matter ofSanchez Sosa, supra. Accordingly, the following order will be entered. ORDER: opinion. The record is remanded for further proceedings consistent with the foregoing
Cite as: Antonia Leanos-Torres, A089 822 467 (BIA Feb. 26, 2014)
(
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\.,
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UNITED
STATES
F ile:
A089-822-467
May 11,
2012
In the Matter of
) ) ) )
IN
REMOVAL P ROCEEDINGS
CHARGES: APPLICATIONS:
ON
BEHALF
OF RESPONDENT: MS.
MS.
HERNANDEZ
ON BEHALF OF DHS:
SINCLAI R
ORAL
The Court will order that she be removed from the United States and sent back to Mexico. an order of removal. And the Court will enter she make herself
available for purposes of removing her and taking her back to Mexico. The Court will also put that Ms. Hernandez has 30 2012. days
in which to appeal.
CERTIFICATE PAGE
DAVID J.
CORDOVA,
ANTONIA LEANOS-TORRES
A089-822-467
DENVER,
COLORADO
i s an accurate,
CHERYL A.
MANCE
(Transcriber) Inc.
(Completion Date)