LEWIS, TAFARI ST. AUBYN 14 A 4317/A210-109-301 AL TONA C. FACILITY 555 DEVILS DEN ROAD AL TONA, NY 12910

Name: LEWIS, TAFARI ST AUBYN

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals qffice of the Clerk

5107 Leesburg Pike, Suite 2000 Falls Church. Virginia 220./I

USICE/DHS Litigation/ULS 15 Governor Drive Newburgh, NY 12550

A 210-109-301

Date of this notice: 1/5/2016

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

Enclosure

Panel Members:

Grant, Edward R.

Sincerely,

[)OWtL C (1/\A)

Donna Carr Chief Clerk

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

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Cite as: Tafari St. Aubyn Lewis, A210 109 301 (BIA Jan. 5, 2016)

U.S. Department 'Of Justice Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A2 l O 109 301 - Napanoch, NY

In re: TAFARI ST. AUBYN LEWIS

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Pro se

ON BEHALF OF DHS: Daniel W. Kelly Assistant Chief Counsel

APPLICATION: Remand

Decision of the Board of Immigration Appeals

Date:

JAN - 5 2016

The respondent, a native and citizen of Jamaica, appeals from the Immigration Judge's September 29, 2015, decision, ordering him removed from the United States. The Department of Homeland Security (OHS) opposes the appeal. The record will be remanded for further proceedings.

We review Immigration Judges' findings of fact for clear error, but questions of law, discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R. § 1003.l(d)(3).

Considering the totality of the circumstances presented in this case, we will remand the record to the Immigration Court for further proceedings. The record evidence indicates that the respondent previously filed a petition to remove the conditions on his residence (Form I-751) pursuant to section 216(c)(4) of the Immigration and Nationality Act ("the Act"), 8 U.S.C. § 1186a(c)(4) with the DHS' United States Citizenship and Immigration Services (USCIS). The USCIS subsequently denied the Form I-751 after the respondent failed to respond to a request for evidence (Exh. 2). At the respondent's removal proceeding on September 29, 2015, the Immigration Judge did not inform him that, notwithstanding his divorce, he has the right to file a renewed Form I-751 under section 216(c)(4)(B) of the Act. The federal regulations require an Immigration Judge to inform the respondent of any relief from removal for which he may be eligible. See generally 8 C.F.R. § 1240.11; see also Matter of Cordova, 22 l&N Dec. 966,970-71 (BIA 1999) (discussing the Immigration Judge's duty to inform aliens as to forms of relief they may be "apparently eligible"). Thus, we find remanded proceedings warranted to allow the respondent the opportunity to file a renewed Form I-751. At the present time, we express no opinion regarding the ultimate outcome of these proceedings at the present time.

Accordingly, the following order will be entered.

ORDER: The record is remanded to the Immigration Court for further proceedings consistent with this order and the entry of a new decision.

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Cite as: Tafari St. Aubyn Lewis, A210 109 301 (BIA Jan. 5, 2016)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

UNITED STATES IMMIGRATION COURT NAPANOCH, NEW YORK

File: A210-109-301

In the Matter of

TAFARI ST. AUBYN LEWIS

RESPONDENT

CHARGES: Section 237(a)(1 )(D)(i)

APPLICATIONS:

ON BEHALF OF RESPONDENT: Pro Se

ON BEHALF OF OHS: Dan Kelly

)

) ) )

September 29, 2015

IN REMOVAL PROCEEDINGS

ORAL DECISION OF THE IMMIGRATION JUDGE

The following items have been marked into evidence in this case: Exhibit 1

is the Notice to Appear.I. dated May 6, 2015; Exhibit 2 is RFespondent's assorted

immigration records, including a copy of his visaJ.

a-A4-parts of his passport.:.i a form 1-94

.:.i

a copy of his lawful permanent resident cardJ.

and the decision of U.S. Citizenship and

Immigration ServicesJ. dated August 6, 2014, denying his respondent's fform 1-751 and

terminating his status as a conditional lawful permanent resident.

At hearings before the Coourt, Rfespondent confirmed receipt of the

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Notice to Appear and admitted to all allegations contained therein. Based on

Rfespondent's admissions and Exhibit 2, the Ceourt finds that the loan charge of

removability has been established by clear and convincing evidence.

Respondent is a native and citizen of Jamaica who was a lawful

permanent resident of the United States on a conditional basis, but has since had his

conditional residency terminated under the provisions of the Immigration and Nationality

Act. Accordingly, respondent he does not appear at this time to be eligible for any form

of relief or protection that would possibly allow him to remain in the United States.

Respondent advises the court that he is 24 years old.1..:=--Mhe is divorced from a United

States citizeni-.:-Fthe has no childrenJ. and both of his parents reside in Jamaica.

Respondent advises the Ceourt that he is not afraid of returning to Jamaica�:­

Mb.owever, he would like to remain flefe-in the United StatesJ. as he came here to make

a better life for himself and there is more opportunity in this country than in Jamaica.

Given the facts of this case, Rfespondent does not appear eligible to apply for

cancellation of removal under Section 2408� of the Immigration and Nationality Act.

He is not eligible for Ceancellation AJ.

as he is no longer a lawful permanent resident of

the United States and he does not have sufficient time within the United Statesi-.-and he

is not eligible for Ceancellation B, again, because he does not have sufficient time in the

United States and also, because he does not have a qualifying relative. Respondent is

unable to apply for adjustment of status under the provisions of Section 245 of the Act

as he has no one who can sponsor him for a visa, such that one would be immediately

available to him.:_

8and while �Respondent was like to remain here in the United

States, he has not set forth a prima facie claim to any form of relief or protection that

would be covered by the filing of a form 1-589, be that relief for protections thel1 asylumJ.

under Section 208 of the Act or withholding order for all of removal, whether under

A210-109-301 2 September 29, 2015

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Section 241 (b)(3) of the /\ct or the Convention Against Torture. Accordingly, for the

foregoing reasons, the following order is hereby entered in this case�-:-

ORDERS

IT IS HEREBY ORDERED that Rfespondent be removed from the United

States based upon the charge set forth within the Notice to Appear. The CGourt

designates Jamaica as the country for removal.

signature

A210-109-301

Please see the next page for electronic

ROGER F. SAGERMAN Immigration Judge

3 September 29, 2015

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//s//

Immigration Judge ROGER F. SAGERMAN

sagermar on November 17, 2015 at 1:52 PM GMT

A210-109-301 4 September 29, 2015

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