Kwabena Adom-Fosu, A099 138 401 (BIA Feb. 26, 2014) | Public Law | Government

U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk
5/07 leesburg Pike. Suite 2000 Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - WAS 500 12th St., SW, Mail Stop 5902 Washington, DC 20536

Immigrant & Refugee Appellate Center | www.irac.net

Name: ADOM-FOSU, KWABENA

A 099-138-401

Date of this notice: 2/26/2014

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

Donru... caJVL)
Donna Carr Chief Clerk

Enclosure Panel Members: Manuel, Elise

lulseges Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Kwabena Adom-Fosu, A099 138 401 (BIA Feb. 26, 2014)

...

.U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A099 138 401 -Arlington, VA

Date:

Inre: KWABENA ADOM-FOSU IN REMOVAL PROCEEDINGS

FEB 2 6 2014

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

Justin M. Leone Assistant Chief Counsel

APPLICATION:

Voluntary departure

The respondent, a native and citizen of Ghana, appealed from an hnmigration Judge's decision dated May 3, 2010, denying his motion for a continuance and granting his application for voluntary departure pursuant to section 240B(b) of the hnmigration and Nationality Act, 8 U.S.C. § 1229c(b). On November 14, 2011, the Board agreed with the Immigration Judge's denial of the continuance. However, the respondent had not submitted proof to the Board that he posted the required voluntary departure bond with the Department of Homeland Security (DHS), the Immigration Judge had not advised the respondent of that requirement, and the Board remanded these proceedings for the Immigration Judge to provide the respondent with the required voluntary departure advisals. 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). The Immigration Judge has not provided the respondent with the required voluntary departure advisals. On January 4, 2012, the Immigration Judge granted the respondent's application for voluntary departure, and an appeal followed. The record will again

See Matter of Gamero,

25 I&N Dec. 164 (BIA 2010) (holding that an

hnmigration Judge who grants an alien voluntary departure must advise the alien that proof of posting of a bond with the DHS must be submitted 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 the alien has timely submitted sufficient proof that the required bond has been posted). The Immigration Judge has not provided the respondent with that required advisal (Tr. at 4-5), and the respondent has not submitted proof to the Board that he posted the required bond. Hence, the record will again be remanded for the Immigration Judge to provide the respondent with the required voluntary departure advisals.

Cite as: Kwabena Adom-Fosu, A099 138 401 (BIA Feb. 26, 2014)

i\.099 138 401

Accordingly, the following order will be entered. ORDER: opinion. The record is remanded for further proceedings consistent with the foregoing

Immigrant & Refugee Appellate Center | www.irac.net

2

Cite as: Kwabena Adom-Fosu, A099 138 401 (BIA Feb. 26, 2014)

U.S.

DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART ST., STE.1300 VA 22203 A099-138-401
ARLINGTON,

In the Matter of: ADOM-FOSU, KWABENA

Case No.:

Immigrant & Refugee Appellate Center | www.irac.net

RESPONDENT

IN REMOVAL

PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE Upon the basis of respondent's admissions, I have determined that the Respondent is subject to removal on the charge{s) removal. It is HEREBY ORDERED that in the Notice to Appear. The

respondent has made application solely for voluntary departure in lieu of

lieu of removal, without expense to the Government on or before

the

respondent be GRANTED voluntary departure in

3/5/2012

or any extensions as may be granted by the

District Director, Department of Homeland Security, and under whatever conditions the District Director may direct. It is FURTHER ORDERED:

that the respondent post a voluntary departure bond in the amount of

r,(J (J

L

{) v IY

with the Department of Homeland Security on or

()
provide the Department of Homeland

'·�I",.

that the respondent

Security travel documentation sufficient to assure lawful entry into the country to which the alien Homeland Security.

is

departing within

60 days of this order,

or within any time extensions that may be granted by the Department of

[ ]

Other

It is FURTHER ORDERED that if any of the above ordered conditions are not met as required, the above order shall be withdrawn without further notice or proceedings an� the following shall thereupon become immediately effective: respondent shall be removed to GHANA on the charge(s) . order in the Notice to Appear.

�·.

It is FURTHER ORDERED that if respondent fails to depart as following order shall become immediately effective: removed to GHANA on the charge(s) Pursuant to section 240B(d}

shall

be withdrawn without further notice or proceedings in the Notice to Appear.

required, the above and the respondent shall be

of the INA, 8 U.S.C. section 1229c{d), if the

respondent fails to voluntarily depart the United States within the time specified, or any extensions granted by the Department of Homeland respondent shall be subject to a civil penalty of not more than 0 0.00, and shall

2

less than $1,000.00 and not (10) years for

Security,

the

be ineligible for a period of ten

...

'

any f;rther relief under section 240B and sections 240A, 245, 248,
INA.
··

and 249 of the

Immigration Judge Date: Jan 4, 2012 Appeal: �o APPEAL {A/I/B) Feb 3, 2012 Appeal Due By:

Immigrant & Refugee Appellate Center | www.irac.net

CERTIFICATE OF SERVICE MAIL(M) THIS D�CUMENT WAS SERVED BY: PERSONAL [� N TO: ] ALIEN c/o Custodial Officer DATE: BY: COURT STAFF [ ] EOIR-33 [ ] EOIR-28 Attachments:

l

�4\ \�[

[D(!
[ ]

OHS Other

Form EOIR 6 - 3T

{Vol.

Depart.

- REMOVAL)

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