Department of Justice
Executive Office for Immigration .Review
A 201-185-255
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DOYUtL ca.AA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Manuel, Elise
Userteam: Docket
Cite as: Jesus Castillo Farias, A201 185 255 (BIA Oct. 29, 2014)
Bush, Carl
File:
Date:
OCT 192014
APPEAL
ON BEHALF OF RESPONDENT:
CHARGE:
Notice:
Sec.
212(a)(6)(A)(i), l& N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled
The respondent appeals from the Immigration Judge's April 3, 2013, decision that ordered
the respondent removed from the United States to Mexico.
that the Immigration Judge incorrectly denied his motion for a continuance and the respondent
also contends that the Immigration Judge improperly foreclosed his request for the privilege of
voluntary departure under section 240B(b) of the Immigration and Nationality Act, 8 U.S.C.
1229c(b). The record will be remanded to the Immigration Judge for further proceedings.
Under 8 C.F.R. 1003.1(d)(3), 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.
established good cause for a continuance of his removal proceeding as the Immigration Judge
incorrectly informed the respondent that he could not pursue post-conclusion voluntary departure
pursuant to section 240B(b) of the Act unless he had articulated some form of relief (Tr. at 47).
Section 240B(b) of the Act does not require that post-conclusion voluntary departure may only
be sought in combination with the pursuit of other relief from removal.
See Matter
25 I&N Dec. 888, 891 (BIA 2012). Accordingly, the following orders will be entered.
ORDER: The appeal is sustained.
Cite as: Jesus Castillo Farias, A201 185 255 (BIA Oct. 29, 2014)
of C-B-,
IN REMOVAL PROCEEDINGS
In the Matter of
IN REMOVAL PROCEEDINGS
CHARGES:
Section 212(a)(6)(A)(i).
APPLICATIONS:
None stated.
April 3, 2013
File: A201-185-255
On February 26, 2013, the United States Immigration Court in Oklahoma City was
closed due to inclement weather. Therefore, the hearing was reset until today's date.
A201-185-255
April 3, 2013
On today's date, the respondent again appeared with his attorney of record and
conceded the ground of removability under Section 212(a)(6)(A)(i) of the Act. The
respondent's attorney chose and designated the country of removal. The respondent's
wanted to appeal.
Therefore, it is unclear exactly what is being appealed other than an appeal
being taken solely for the purposes of delay.
ORDER
IT IS HEREBY ORDERED that the respondent be removed from the United
States to the nation of Mexico.
The respondent will be advised of his appeal rights separately on the record.
A201-185-255
April 3, 2013
attorney indicated that there was no relief available to this respondent, but yet they
/Isl/
Immigration
bairdm on
Judge
July 1,
MICHAEL
2013
P.
BAIRD
at 1:23
PM GMT
A201-185-255
April 3, 2013