U.S.

Department

of Justice

Executive Office for Immigration Review Board ofImmigration Appeals Office of the Clerk
Falls Clmrc/1, Virginia 20530

5107 leesb11rg P;ke, Suite 2000

Lauren Schmoke 315 E. 5th Street, Suite 4 Des Moines, IA 50309

OHS/ICE Office of Chief Counsel 1717 Avenue H Omaha, NE 68110

OMA

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Name: IRUEGAS GOMEZ, MANUEL

A 077 -623-337

Date of this notice: 1/13/2014

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

DOrutL f.t1/VL)
Donna Carr Chief Clerk

Enclosure
Panel Members: Guendelsberger, John

williame Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Manuel Iruegas Gomez, A077 623 337 (BIA Jan. 13, 2014)

U.S. Department of Justice Executive Office fo I mmigration Review Board ofImmigration Appeals Office of the Clerk
5107 leesburg Pike. Suite 2000 Falls Church, Virginia 20530

IRUEGAS GOMEZ, MANUEL A077-623-337 POLK COUNTY JAIL 110 6TH AVENUE DES MOINES, IA 50303

OHS/ICE Office of Chief Counsel - OMA 1717 Avenue H Omaha, NE 68110

Immigrant & Refugee Appellate Center | www.irac.net

Name: IRUEGAS GOMEZ, MANUEL

A 077-623-337

Date of this notice: 1/13/2014

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. decision pursuant to 8 C.F.R.

1292.S(a).

Your attorney or representative has been served with this 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,

DOWtL t!t1/lA)
Donna Carr Chief Clerk

Enclosure
Panel Members: Guendelsberger, John

williame

Userteam: Docket

Cite as: Manuel Iruegas Gomez, A077 623 337 (BIA Jan. 13, 2014)

U.S. Department of Justice

Executiv.e Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A077 623 337 - Omaha, NE

Date:

JAN 13 2014

In re: MANUEL IRUEGAS GOMEZ

IN REMOVAL PROCEEDINGS

APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Lauren Schmoke, Esquire Anna L. Speas Assistant Chief Counsel In an oral decision dated September 9, 2013, an Immigration Judge found the respondent removable; determined that he did not apply for, and did not demonstrate eligibili respondent appealed from that decision. The appeal will be dismissed. The now 44-year-old respondent was found removable as charged, as convicted of an aggravated felony under section 237(a)(2)(A)(iii) of the Act, 8 U.S.C. 1227(a)(2)(A)(iii), in conjunction with section 10l(a)(43)(B) of the Act, 8 U.S.C. l101(a)(43)(B). As substantiated by conviction documents, he has a January 2013 conviction upon a guilty plea for "possession of a controlled substance with intent to deliver, marijuana" under Iowa Code 124.40l{l)(d). For this crime, he was sentenced to probation. any relief from removal; and ordered him removed from the United States to Mexico.

Immigrant & Refugee Appellate Center | www.irac.net

for, The

See Ex.

2. His status was adjusted to that of lawful

permanent resident on or about December I 0, 2001. In

Moncrieffe

v.

Holder,

_U.S._, 133 S.Ct. 1678 (2013), the United States Supreme

Court held that, if an alien's conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Act. However,

Moncrieffe

v.

Holder, supra,

is of no avail to the

respondent. The conviction documents, which include a preliminary complaint and a "Minutes of Testimony" document, reflect that the narcotics control unit police officers who executed a search warrant at the respondent's residence found the substantial quantity of 400 grams of marijuana in an open brick package within a travel bag at the top of the basement stairs and also found $1400 cash on the kitchen table.

See Ex. 2.

Consequently, we agree with the Immigration

Judge that the respondent's conviction, which is for "possession of a controlled substance with intent to deliver, marijuana," is for a drug trafficking offense that is an aggravated felony.
On appeal, the respondent's allegations concern solely bond matters. We have no authority

in removal proceedings to address such issues, which must be adjudicated in the context of his separate bond proceedings. We note that he does not have a bond appeal pending before the Board.

The proceedings before the Immigration Judge in this matter were completed in Omaha,

Nebraska through video conference pursuant to section 240(b)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. 1229a(b)(2)(A)(iii).

Cite as: Manuel Iruegas Gomez, A077 623 337 (BIA Jan. 13, 2014)

A077 623 337

The respondent has been a lawful permanent resident of the United States for over 12 years, and he has four United States citizen children. To the extent that he seeks humanitarian relief to enable him to remain in the United States, this Board and the Immigration Judges have limited jurisdiction and can grant only those forms of relief from removal that are expressly authorized by Congress.

See Matter of Medina,

19 l&N Dec. 734 (BIA 1988). We have no power to grant

equitable remedies or to confer general humanitarian relief on aliens. If the respondent wishes to obtain relief on humanitarian grounds, he must pursue such relief with the Department of Homeland Security. Finally, the respondent has requested a remand of his case. We do not find that a remand is warranted, and we deny the remand request. Accordingly, we will dismiss the appeal. ORDER: The appeal is dismissed.

Immigrant & Refugee Appellate Center | www.irac.net

::=--

Cite as: Manuel Iruegas Gomez, A077 623 337 (BIA Jan. 13, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT OMAHA, NEBRASKA

File: A077-623-337 In the Matter of

September 9, 2013

Immigrant & Refugee Appellate Center | www.irac.net

MANUEL IRUEGAS GOMEZ RESPONDENT

) ) ) )

IN REMOVAL PROCEEDINGS

CHARGE:

Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, as amended, in that, at any time after admission, respondent has been convicted of an aggravated felony as defined in Section 101(a)(43)(B) of the Act, and offense relating to the illicit trafficking in a controlled substance, as described in Section 102 of the controlled substances act, including a drug trafficking crime, as defined in Section 924(c) of Title 18, United States Code.

APPLICATIONS:

None.

ON BEHALF OF RESPONDENT: PRO SE ON BEHALF OF OHS: ANNA L. SPEAS Department of Homeland Security 1717 Avenue H, Suite 174 Omaha, Nebraska 6811O

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent was served with a Notice to Appear on August 15, 2013. See Exhibit 1. That document charges that the respondent is not a citizen or national of the United States, but that he is a native of Mexico and a citizen of Mexico. The Notice

to Appear states that the respondent's status was adjusted to that of lawful permanent resident on December 10, 2001, under Section 245 of the Act. The Notice to Appear also says that on January 17, 2013, the respondent was convicted in the Iowa District Court or Polk County for the offense of possession of

Immigrant & Refugee Appellate Center | www.irac.net

a controlled substance with intent to deliver, to wit, marijuana, in violation of Iowa Code Section 124.401(1)(d). The respondent appeared in court on September 9, 2013, and admitted all of the factual allegations in the Notice to Appear. The respondent stated that he did not recall receiving the documents submitted by the Government in support of the charge of removability for identification purposes. Based upon the respondent's admissions, the Court finds that the respondent has been convicted of an aggravated felony as defined in the Immigration and Nationality Act. The respondent admitted that he has been convicted of possessing marijuana with the intent to deliver, which is an aggravated felony, as stated in the Notice to Appear. The respondent stated that he is a citizen of Mexico. The Court designated Mexico as the country of removal, should that be necessary. The respondent stated at the hearing on September 9, 2013, that he has no fear of returning to the country of Mexico. He therefore is no eligible for asylum, withholding of removal, or relief under the Convention Against Torture. Because the Court found the respondent to be removable based upon an aggravated felony conviction, the respondent is not eligible to be considered for cancellation of removal or voluntary departure. Accordingly, the following order is entered. ORDER

A077-623-337

September 9,

2013

IT IS HEREBY ORDERED that respondent be removed to Mexico on the

charge in the Notice to Appear.

Immigrant & Refugee Appellate Center | www.irac.net

DANIEL A. MORRIS Immigration Judge

A077-623-337

September 9,

2013

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE DANIEL A. MORRIS, in the matter of:

Immigrant & Refugee Appellate Center | www.irac.net

MANUEL IRUEGAS GOMEZ

A077-623-337

OMAHA, NEBRASKA

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

HOLLY O'NEILL (Transcriber) DEPOSITION SERVICES, lnc.-2 OCTOBER 8, 2013 (Completion Date)