U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

Q[fice of the Clerk
5107 Leesburg Pike. Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - BUF

Name: CUBERO ABRIL, ANITA JANETH

A 074-771-617

Date of this notice: 2/4/2015

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

DcrutL ca.AA)
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Grant, Edward R.

Userteam: Docket

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Cite as: Anita Janeth Cubero, A074 771 617 (BIA Feb. 4, 2015)

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U.S.

Department of Justice

Decision of the Board of Immigration Appeals

Executiwt Office for Immigration Review

Falls Church, Virginia 20530

File:

Date:

A074 771 617. - Buffalo, NY

FEB

-4

2015

In re: ANITA JANETH CUBERO ABIL a.k.a. Anita Janeth Cubero Abril a.k.a. Anita Delvalle

a.k.a. Anita Quintero a.k.a. Anita Cubero

CERTIFICATION
ON BEHALF OF RESPONDENT:

Pro se

Michele Henriques

ON BEHALF OF DHS:

Assistant Chief Counsel

APPLICATION: Remand

The respondent, a native and citizen of Ecuador, has appealed an Immigration Judge's
November 21, 2012, order which granted the respondent voluntary departure under safeguards

(Jl

by December 12, 2012, pursuant to section 240B ) of the Immigration and Nationality Act,
1
8 U.S.C. 1229c(a). The record will be remanded.
The respondent's removability is not in dispute. The record reveals that the respondent
was provided two continuances in order to find her divorce certificate and to allow her to apply
to the U.S. Citizenship and Immigration Services ("USCIS") for a hardship waiver under section
216(c)(4)(A) of the Immigration and Nationality Act, 8 U.S.C. 1186a(c)(4)(A) [extreme
hardship waiver] {Tr. at

1-2, 4-15). On November 21, 2012, the respondent's counsel conveyed

that she was unable to locate the respondent's divorce certificate needed for the hardship waiver
application (Form 1-751) (Tr. at 17-18).

The Immigration Judge granted the respondent

voluntary departure in lieu of having a full hearing on the merits.

The respondent now maintains that her attorney lied to her that there was no divorce
certificate and she now proffers a copy of a document from the New York State Unified Court
System indicating that she was divorced from her former spouse on February 7, 2008.

The

respondent also alleges that she suffered domestic abuse apparently from her former spouse and
also from her domestic partner.

As we are reviewing this matter on certification, we find it unnecessary to decide whether the

respondent knowingly and intelligently waived her appeal rights below.

2

The respondent's fee-waiver request is granted. 8 C.F.R. 1003.8.

Cite as: Anita Janeth Cubero, A074 771 617 (BIA Feb. 4, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

A074 771 617

Given these circumstances, we shall remand the matter to the Immigration Court for
additional proceedings. On remand, the Immigration Judge may receive any additional evidence
he deems appropriate to the full resolution of this matter.
While we conclude that remanded proceedings are warranted, we express no opinion
regarding the ultimate outcome of these proceedings at the present time. See Matter

of L-0-G-,

Accordingly, the following order will be entered.

ntry
.
G

ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with the foregoing opinion

of a new decision.

Cite as: Anita Janeth Cubero, A074 771 617 (BIA Feb. 4, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

21 I&N Dec. 413 (BIA 1996).

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BUFFALO, NEW YORK

In the Matter of

)
)

ANITA JANETH CUBERO ABRIL

IN REMOVAL PROCEEDINGS

)
RESPONDENT

CHARGES:

APPLICATIONS:

ON BEHALF OF RESPONDENT: SARAH SANTOS

ON BEHALF OF OHS: MICHELE HENRIQUES

ORAL DECISION OF THE IMMIGRATION JUDGE

The respondent is a 48-year-old female native and citizen of Ecuador who,
through counsel, has admitted the factual allegations in the Notice to Appear, October
2, 20 1 2, as well as the 1-261. Removal has been conceded under 237(a)(1)(D)(i) of the
Act and, therefore removal has been established by clear, convincing and unequivocal
evidence according to Woodby v. INS, at 385 U.S. 276.
Moreover, the respondent sought and asked for pre-conclusion voluntary
departure. The Court finds that she is statutorily eligible. In the exercise of discretion,

Immigrant & Refugee Appellate Center | www.irac.net

November 2 1 , 201 2

File: A074-771 -617

she will be granted voluntary departure with safeguards. However, she shall leave the
United States of America no later than December 1 2, 20 1 2, failing which an immediate
order or removal and deportation will then and there be entered against her, she would

Furthermore, the respondent has waived any right of appeal under the standards
for pre-conclusion voluntary departure.

Please see the next page for electronic

signature
PHILIP J. MONTANTE, JR.
Immigration Judge

A074-77 1 -617

November 2 1 , 20 1 2

Immigrant & Refugee Appellate Center | www.irac.net

be fined $5,000 and denied relief for a period of ten years in the United States.

"'

.
.,

/Isl/
Immigration

Judge PHILIP J.

montanp on December 16,

2014

MONTANTE
at 1:24

JR
PM GMT

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A074-771 -617

November 211 2012