U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Office of the Clerk
5/07 leesburg Pike, Suite 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - SOC

146 CCA Road, P.O.Box 248
Lumpkin, GA 31815

A89
Date of this notice: 10/20/2016

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

Dowa., C!

tVv\.)

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Greer, Anne J.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)

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

Johnson, Carnell
Johnson & Nicholson, PLLC
5701 Executive Center Drive
Suite#415
Charlotte, NC 28212

U.S. Department of Justice

Executive Office for Immigration Review
Board of Immigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virginia 22041

OHS/ICE Office of Chief Counsel - SOC

146 CCA Road, P.O.Box 248
Lumpkin, GA 31815

Date of this notice: 10/20/2016

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,

DOn.rtL CtVvu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Greer, Anne J.

Userteam:

Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)

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

P-G-S-
A208-268-389
c/o STEWART DETENTION CENTER
146 CCA ROAD
P.O. BOX 248
LUMPKIN, GA 31815

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board oflmmigration Appeals

Falls Church, Virginia 22041

File: 389 - Lumpkin, GA

Date:

In re:S_G__

OCT 2 0 2016

INTERLOCUTORY APPEAL
ON BEHALF OF RESPONDENT: Carnell T. Johnson
ON BEHALF OF DHS:

Joshua P. Chadwick
Assistant Chief Counsel

The Department of Homeland Security (DHS) has filed an interlocutory appeal from the
Immigration Judge's June 1, 2016, decision, granting the respondent's motion for administrative
1
closure.
To avoid piecemeal review of the multiple queries that may arise during the course of
removal proceedings, ordinarily the Board does not entertain interlocutory appeals. See
Matter of M-D-, 24 I&N Dec. 138, 139 (BIA 2007), and cases cited therein. We have, on
occasion, accepted interlocutory appeals to address significant jurisdictional questions or to
correct recurring problems in the handling of cases by Immigration Judges. See, e.g., Matter of
Guevara, 20 I&N Dec. 238 (BIA 1990, 1991); Matter of Dobere, 20 I&N Dec. 188 (BIA 1990).
The issue of whether the Immigration Judge improperly granted administrative closure, as
opposed to a continuance, in allowing USCIS to exercise original jurisdiction over the
respondent's asylum application does not present a significant jurisdictional question about the
administration of the immigration laws (DHS Brief at 7-9). Nor does it involve a recurring
problem in Immigration Judges' handling of cases. Thus, the issue raised by the DRS on appeal
does not fall within the limited ambit of cases where we deem it appropriate to exercise our
jurisdiction.
1 On appeal, the parties agree that the reason the Immigration Judge granted administrative
closure was to allow United States Citizenship and Immigration Services (USCIS) the
opportunity to review the respondent's asylum application under section 208 of the Immigration
and Nationality Act, 8 U.S.C. 1158 (DHS Brief at 5; Respondent's Brief at 3-4). In addition, it
is uncontested on appeal that USCIS has original jurisdiction over the respondent's asylum
application because he entered the United States as an unaccompanied minor (DHS Brief at 5;
Respondent's Brief at 3-4). See section 235(d)(7)(B) William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 ("TVPRA"), Pub. L. No. 110-457, 112 Stat. 5044, as
codified at section 208(b)(3)(C) of the Act; Memorandum from Ted Kim, USCIS Acting Chief,
Asylum Division (May 28, 2013 ), Updated Procedures for Determination of Initial Jurisdiction
over Asylum Applications Filed by Unaccompanied Alien Children, HQRAIO 120li2a.

Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)

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

IN REMOVAL PROCEEDINGS

..
389,
IT IS THEREFORE ORDERED that the recoi:d be returned to the Immigration Court without
further action.

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

FOR

2.
Cite as: S-G-P-G-, AXXX XXX 389 (BIA Oct. 20, 2016)

',.'

IMMIGRATION COURT
146 CCA ROAD, PO BOX 248
LUMPKIN, GA 31815

In the Matter of

389

Case No.: A

IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

This is a summary of the oral decision entered on

! l Ile

lo 1

This memorandum is solely for the convenience of the p rt es. If the

proceedings should be appealed or reopened, the oral decision will become
the official opinion in the case.
[ ] The respondent was ordered removed from the United States to
or in the alternative to .
Respondent's application for voluntary departure was denied and
respondent was ordered removed to or in the
alternative to .
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of$
with an alternate order of removal to
Respondent's application for:
)denied( )withdrawn.
[ ] Asylum was ( )granted
)withdrawn.
[ ] Withholding of removal was ( )granted ( )denied
was
(
)granted
(
)denied
( )withdrawn.
]
A
Waiver
under
Section
[
[ ] Cancellation of removal under section 240A(a) was ( )granted ( )denied
( )withdrawn.
Respondent's application for:
Cancellation under section 240A(b) (1) was ( ) granted
) denied
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Adjustment of Status under Section
was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Respondent's application of ( ) withholding of removal ( ) deferral of
removal under Article III of the Convention Against Torture was
( ) granted ( ) denied ( ) withdrawn.
J Respondent's status was rescinded under section 246.
J Respondent is admitted to the United States as a ___ until
J As a condition of admission, respondent is to post a$ ____ bond ..
J Respondent knowingly filed a frivolous asylum application after proper
notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge's oral decision.
[ .

--J

ding p ,trrr. 1'1,,t.

;

Date: <1a'.fwr

} UI

' A, ved

Appeal, Waived/Re

:.,

CLQ.EP:

Appeal Due By,

-;j -4

--
fy le )(p

-DA-N
lfl-RILE.J.L..1..-=--Immigration Judge

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

P-G-S-
Respondent

-,