U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office of the Clerk
5/07 Leesburg Pike, Suite 2000
Falls Church. Virginia 2204/

DHS/ICE Office of Chief Counsel - PHO

P.O.Box 25158
Phoenix, AZ 85002

Name: LUNA-BRICENIO, GABRIEL

A 205-270-408

Date of this notice: 7/25/2016

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

DOW1L Ca.;vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Gabriel Luna-Bricento, A205 270 408 (BIA July 25, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Ongaro, Salvador
Salvador Ongaro Law Offices
320 E. McDowell Road
Suite 225
Phoenix, AZ 85004

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A205 270 408 - Phoenix, AZ

Date:

JUL 2 5 2016

In re: GABRIEL LUNA-BRICENIO

MOTION
ON BEHALF OF RESPONDENT: Salvador Ongaro, Esquire
This matter was last before us on May 6, 2016, when we dismissed the respondent's appeal
from the Immigration Judge's June 12, 2015, decision. At that time, we also declined to reinstate
the period of voluntary departure that had been granted by the Immigration Judge, finding that
the respondent failed to present proof of payment of the voluntary departure bond within 30 days
of filing the appeal, as required by regulations that became effective on January 20, 2009.
8 C.F.R. 1240.26(c)(3)(ii). The respondent made a filing, construed as a timely motion to
reopen, on June 2, 2016. Section 240(c)(7) of the Immigration and Nationality Act, 8 U.S.C.
1229a(c)(7); 8 C.F.R. I003.2(c)(2). The Department of Homeland Security (DHS) has not
responded to the motion, which will be granted.
Counsel states in the motion that the required bond was paid to the DHS within the required
period, and he has asked for a copy of the receipt to belatedly present to the Board. The motion
argues that the voluntary departure period should be reinstated. Considering the totality of the
circumstances, the motion shall be granted. Accordingly, the following orders shall be issued.
ORDER: The pending motion is granted for the limited purpose of reinstating voluntary
departure.
FURTHER ORDER: Pursuant to the Immigration Judge's order and conditioned upon
compliance with conditions set forth by the Immigration Judge and the statute, the respondent is
permitted to voluntarily depart the United States, without expense to the Government, within 60
days from the date of this order or any extension beyond that time as may be granted by the DRS.
See section 240B(b) of the Act; see also 8 C.F.R 1240.26(c), (f). In the event the respondent
fails to voluntarily depart the United States, the respondent shall be removed as provided in the
Immigration Judge's order.
NOTICE: If the respondent fails to voluntarily depart the United States within the time
period specified, or any extensions granted by the DHS, the respondent shall be subject to a civil
penalty as provided by the regulations and the statute and shall be ineligible for a period of 10
years for any further relief under section 240B and sections 240A, 245, 248, and 249 of the Act.
See section 2408(d) of the Act.

Cite as: Gabriel Luna-Bricento, A205 270 408 (BIA July 25, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

A205 270 408

WARNING: If, prior to departing the United States, the respondent files any judicial
challenge to this administratively final order, such as a petition for review pursuant to section
242 of the Act, the grant of voluntary departure is automatically terminated, and the alternate
order of removal shall immediately take effect. However, if the respondent files a petition for
review and then departs the United States within 30 days of such filing, the respondent will not
be deemed to have departed under an order of removal if the alien provides to the DHS such
evidence of his departure that the Immigration and Customs Enforcement Field Office Director
of the DHS may require and provides evidence DHS deems sufficient that he has remained
outside of the United States. The penalties for failure to depart under section 240B(d) of the Act
shall not apply to an alien who files a petition for review, notwithstanding any period of time that
he remains in the United States while the petition for review is pending. See 8 C.F.R.
1240.26(i).

&Um BOARD
")

2
Cite as: Gabriel Luna-Bricento, A205 270 408 (BIA July 25, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

WARNING: If the respondent files a motion to reopen or reconsider prior.to the expiration of
the voluntary departure period set forth above, the grant of voluntary departure is automatically
terminated; the period allowed for voluntary departure is not stayed, tolled, or extended. If the
grant of voluntary departure is automatically terminated upon the filing of a motion, the penalties
for failure to depart under section 240B(d) of the Act shall not apply. See 8 C.F.R.
1240.26(e)(l).