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Department of Justice Executive Office for Immigration Review

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5107 Leesburg Pike, Suite 2000 Falls Church. Virginia 20530

SOLIS ROJAS, CHRISTIAN GERARDO A205-572-958 OHS/ICE GEO 3130 N. OAKLAND STREET AURORA, CO 80010

OHS/ICE Office of Chief Counsel - DEN 12445 East Caley Avenue Centennial, CO 80111-5663

Immigrant & Refugee Appellate Center | www.irac.net

Name: SOLIS ROJAS, CHRISTIAN GER...

A 205-572-958

Date of this notice: 3/19/2014

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

Doruu... ctYVt.J
Donna Carr Chief Clerk

Enclosure Panel Members: Manuel, Elise Hoffman, Sharon Guendelsberger, John

Lulseges
Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Christian Gerardo Solis Rojas, A205 572 958 (BIA Mar. 19, 2014)

U.S. Department of Justice

Executive Office for Immigration Review Falls Chrch, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A205 572 958 - Denver, CO

Date:

MAR 1 9 2014

In re: CHRISTIAN GERARDO SOLIS ROJAS IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: Pro se

The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's October 29, 2013, decision ordering his removal from the United States. the Immigration Judge for further proceedings. We review findings of fact, including credibility determinations, under a clearly erroneous standard. 8 C.F.R. 1003.l(d)(3)(i). We review questions of law, including whether the parties have met the relevant burden of proof, and issues of discretion under a de novo standard. 8 C.F.R. 1003.l(d)(3)(ii). Upon de novo review, we conclude that the Immigration Judge did not adequately inform the respondent - who appeared before him pro se - of the forms of relief available to him (Tr. at 25). The Department of Homeland Security ("OHS") has not filed a brief in opposition. The record will be remanded to

See 8 C.F.R. 1240.11; Matter ofC-B-, 25 I&N Dec. 8 8 8 (BIA 2012). The Immigration Judge
does not appear to have considered the respondent's eligibility for relief from removal or meaningfully apprised the respondent of any potential forms of relief such as pre- and post conclusion voluntary departure. Furthermore, the Immigration Judge's conclusion that the respondent's conviction was for a crime involving moral turpitude was not supported by any legal authority or explanation beyond his finding that Hit is not simple assault; it goes beyond that with the use of a real or simulated weapon." (l.J at

1).

An oral decision must accurately

summarize the relevant facts, reflect the Immigration Judge's analysis of the applicable statutes, regulations, and legal precedents, and clearly set forth the Immigration Judge's legal conclusion.

Matter of A-P- 22 I&N Dec. 468 (BIA 1999). Matter ofS-H-, 23 I&N Dec. 462 (BIA 2002).

The Immigration Judge's decision, as presently

constituted, does not provide us with a meaningful basis for appellate review.

See generally

In light of the foregoing, the record will be remanded for further proceedings. eligible.

On remand,

the respondent should be given the opportunity to apply for any form of relief for which he is The new evidence submitted with the respondent's appeal may be considered by the Immigration Judge upon remand. Accordingly, the following order shall be entered.

Cite as: Christian Gerardo Solis Rojas, A205 572 958 (BIA Mar. 19, 2014)

A205 572 958

ORDER:

The record is remanded to the Immigration Court for further proceedings

consistent with this decision.

----

Immigrant & Refugee Appellate Center | www.irac.net

Cite as: Christian Gerardo Solis Rojas, A205 572 958 (BIA Mar. 19, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT DENVER, COLORADO

Immigrant & Refugee Appellate Center | www.irac.net

File: A205-572-958 In the Matter of

October 29, 2013

CHRISTIAN GERARDO SOLIS ROJAS RESPONDENT

) ) ) )

IN REMOVAL PROCEEDINGS

CHARGES:

APPLICATIONS:

ON BEHALF OF RESPONDENT: PRO SE ON BEHALF OF OHS: KATHY GIRIATIS

ORAL DECISION OF THE IMMIGRATION JUDGE Mr. Solis Rojas is 30 years, native and citizen of Mexico, who admits that he arrived without inspection at El Paso, Texas, in the year 2000. He also admits that he was convicted of felony menacing in the District Court, El Paso County, Colorado, on October 10, 2013. Exhibit 2 shows that he was convicted on that date, referring to page 2. Page 10 shows that he pied guilty to Count 4, that he placed the victim in fear of imminent serious bodily injury by a deadly weapon or an article represented to be a deadly weapon. I find this is a crime involving moral turpitude because it is not simple assault; it goes beyond that with the use of a real or simulated weapon.

He was advised that he could apply for asylum, but claims he is not fearful of returning to Mexico. He wants to be granted permission to say in order to finish his probation, but I do not have the authority to issue an order to allow him to be released and proceed with his probation. It is ordered that he be removed to Mexico.

Immigrant & Refugee Appellate Center | www.irac.net

JAMES P. VANDELLO Immigration Judge

A205-572-958

October 29, 2013

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE JAMES P. VANDELLO, in the matter of:

Immigrant & Refugee Appellate Center | www.irac.net

CHRISTIAN GERARDO SOLIS ROJAS

A205-572-958

DENVER, COLORADO

was held as herein appears, and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.

FREE STATE REPORTING, lnc.-2 DECEMBER 17, 2013

( Completion Date)