Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
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Transcript of Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
Contreras Edin, Gloria Leticia Contreras Edin & Associates, PLLC 546 Rice Street, Suite 200 Saint Paul, MN 55103
Name: RAMOS-CHAVEZ, LIONEL
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals Office of the Clerk
5107 leesburg Pike, Suite 2000 Falls Church, Virginia 20530
OHS/ICE Office of Chief Counsel • BLM 2901 Metro Drive, Suite 100 Bloomington, MN 55425
A 024-255-707
Date of this notice: 3/28/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members: Adkins-Blanch, Charles K.
Sincerely,
DOWtL c l1/VL)
Donna Carr Chief Clerk
williame Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
RAMOS-CHAVEZ, LIONEL A024-255-707 C/O ICE/OHS 13880 Business Center Dr., NW Elk River, MN 22330
Name: RAMOS-CHAVEZ, LIONEL
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals Office of the Clerk
5107 Leesburg Pike, Suite 2000 Falls Church. Virginia 20530
OHS/ICE Office of Chief Counsel - BLM 2901 Metro Drive, Suite 100 Bloomington, MN 55425
A 024-255-707
Date of this notice: 3/28/2014
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.
Enclosure
Panel Members: Adkins-Blanch, Charles K.
Sincerely,
DoYUtL c t1/Vl.)
Donna Carr Chief Clerk
williame Userteam: Docket
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Cite as: Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
U.S. Department of Justice Executive Office fof Immigr:ation Review
Decision of the Board oflmmigration Appeals
Falls Church, Virginia 20530
File: A024 255 707 - Bloomington, MN Date: M.AR 2 8 2014
In re: LIONEL RAMOS-CHAVEZ a.k.a. Alfonso Zuniga-Guzman a.k.a. Gustavo Guzman-Cruz a.k.a. Miguel Gonzalez-Cruz a.k.a. Pedro Valenzuela a.k.a. Leovigildo Gustavo Guzman-Cruz
IN REMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RESPONDENT: Gloria L. Contreras-Edin, Esquire
ON BEHALF OF OHS: Ryan R. Wood Assistant Chief Counsel
APPLICATION: Continuance; remand
The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's December 2, 2013, decision denying his request for a continuance and ordering his removal. During the pendency of the appeal, the respondent has also filed a motion to remand. The Department of Homeland Security ("OHS") has filed a brief in opposition. We review findings of fact by the Immigration Judge for clear error, while all other issues are reviewed de nova. 8 C.F.R. §§ 1003. l (d)(3)(i)-(ii). The respondent's motion to remand will be granted.
The respondent's motion to remand is supported by evidence indicating that he has filed a petition for a U nonimmigrant visa that is supported by an approved law enforcement certification. See generally Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012). Based on this evidence, we conclude that remand of the record for further consideration of the respondent's request for a continuance to await adjudication of his pending petition for a U visa is warranted. See id. (holding that a continuance for a reasonable period of time should ordinarily be granted where an alien demonstrates prima facie eligibility for a U visa). Accordingly, the respondent's motion to remand will be granted. Because we grant the respondent's motion to remand for further proceedings, we do not reach the merits of the underlying appeal.
ORDER: The record will be remanded for further proceedings and for the entry of a new decision.
FOR THE BOARD
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Cite as: Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT BLOOMINGTON, MINNESOTA
File: A024-255-707 December 2, 2013
In the Matter of
LIONEL RAMOS-CHAVEZ ) ) ) )
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: Section 237(a)(1)(B) of the Act - remained longer than permitted;
Section 237(a)(1 )(C)(i) of the Immigration and Nationality Act -failed to maintain non-immigrant status.
APPLICATIONS: None.
ON BEHALF OF RESPONDENT: GLORIA CONTRERAS-EDIN, Esquire Contreras-Edin & Assoc. 546 Rice Street, Suite 200 St. Paul, Minnesota 55130
ON BEHALF OF OHS: RYAN WOOD, Esquire Assistant. Chief Counsel/ICE 2901 Metro Drive, Suite 100 Bloomington, Minnesota 55425
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is a 54-year-old unmarried male native and citizen of Mexico
who last entered the United States at or near Calexico, California, on or about May 28,
1
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2009. At that time, he was admitted as a non-immigrant B 1-82 visitor on his border
crossing card with authorization to remain in the United States for a temporary period
not to exceed November 27, 2009. The respondent has remained in the United States
beyond November 27, 2009, without authorization from the Department of Homeland
Security.
The Government has commenced removal proceedings by the issuance of a
Notice to Appear (hereinafter 11NTA") dated October 15, 2013, charging respondent with
being removable based upon the above-captioned sections of the Immigration and
Nationality Act (hereinafter 11the Acf').
Removability
At respondent's removal hearing, the respondent appeared with the above
referenced counsel and conceded to the service of the NTA (Exhibit 1 ). The respondent
has admitted all the factual allegations and conceded removability based on the charge.
Therefore, removability is not at issue in these proceedings. The Court finds that
removability has been established by clear and convincing evidence. See Section
240(c)(2) of the Act. The respondent has designated Mexico should removal become
necessary.
Relief
The respondent has not sought any relief in this country. The Court notes that
respondent is not eligible for relief.
The respondent is not eligible for cancellation of removal pursuant to Section
240A(b) of the Act because he does not have the requisite ten years' residence or the
family ties to be eligible for that form of relief.
The respondent has no claim to adjustment of status pursuant to Section 245 of
the Act. Respondent stated that no petitions have been filed on his behalf that would
A024-255-707 2 December 2, 2013
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allow him to adjust status.
The respondent has indicated that he is not seeking voluntary departure pursuant
to Section 240B(a) of the Act.
The Court did inquire as to whether or not the respondent had any claim to
citizenship, either in his own rights or through his parents. Respondent has never been
a lawful permanent resident of the United States, so he does not derive citizenship in
his own right. The Court inquired into the status of his parents to determine if he
derived citizenship through them, but respondent indicated to the Court that his parents
were born in Mexico, live in Mexico and are citizens of Mexico, as were his
grandparents, so he does not derive citizenship as to his family.
The Court also inquired into whether the respondent had any fears of persecution
or torture if he returned back to Mexico. Respondent indicated that he only had
generalized fears of returning to Mexico and that they did not rise to the level necessary
to make a request for asylum, withholding or relief under the Torture Convention.
The respondent has sought a continuance to allow him to apply for a U-visa. The
Court has denied that request because, as of this time, the certification has not been
granted, although the Court notes in the respondent's motion for a continuance that the
Department of Labor is looking into this matter and may be the certifying agency for the
U-visa.
The Immigration Court lacks jurisdiction over the respondent's application for a
U-visa. The regulations that pertain to U-visas provide that the United States
Citizenship and Immigration Services (hereinafter "USCIS") has "sole jurisdiction over
all petitions for U non-immigrant status." 8 C.F.R. Section 214.14(c)(1). The
regulations further provide that respondents who are denied U-visas may appeal only to
the Administrative Appeals Office of CIS rather than the Immigration Court. 8 C.F.R.
A024-255-707 3 December 2, 2013
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�.
Section 214.14(c)(5)(ii). The regulations do allow a respondent who is the subject of a
final order of removal to file a petition for U non-immigrant status with USCIS, but
explicitly provides that the "filing of a petition for U-1 non-immigrant status has no effect
on ICE's authority to execute a final order, although the alien may request a stay of
removal pursuant to 8 C.F.R. Section 241.6(a) and 8 C.F.R. Section 1214.6(a)." 8
C.F.R. Section 214.14(c)(1)(ii}.
Considering these controlling regulations, the respondent's motion for a
continuance is denied. The respondent should address any further requests for a stay
to USCIS.
And lastly, the Court points to the Board decision in Matter of Gabryelski, 20 l&N
Dec . 750 (BIA 1993), which cautions Immigration Courts to grant continuances for post
conviction relief. The same would hold true for people seeking relief from other
agencies as well.
Therefore, there being no other relief available to the respondent, the following
orders shall be entered:
signature
A024-255-707
Please see the next page for electronic
WILLIAM J. NICKERSON, JR. Immigration Judge
4 December 2, 2013
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