U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Qfjice of the Clerk
5107 leesburg Pike. Suile 2000
Falls Church, Virginia 2204 /

OHS/ICE Office of Chief Counsel - NEW

970 Broad Street, Room 11048
Newark, NJ 07102

Name: ELIGIO, TRUJILLO MAVIE

A 205-656-755

Date of this notice: 4/22/2016

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

Don,u_ Ct11Vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Mann, Ana
O'Leary, Brian M.
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Eligio Trujillo-Mavie, A205 656 755 (BIA April 22, 2016)

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

Khawam, David J., Esq.

216 Haddon Ave
Suite 604
Westmont, NJ 08108

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Im.migration Review

Falls Church, Virginia 22041

File: A205 656 755 - Newark, NJ

Date:

APR 2 2 2016

In re: ELIGIO TRUJILLO-MAVIE a.k.a. Eligio Trujillo a.k.a. Eligio Trujillo Mavil

APPEAL
ON BEHALF OF RESPONDENT: David J. Khawam, Esquire
CHARGE:
Notice: Sec.

212(a)(6)(A)(i), I&N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled

APPLICATION: None
The respondent appeals from the Immigration Judge's decision dated February 11, 2015,
which ordered the respondent removed from the United States. On appeal, the respondent argues
that the Immigration Judge did not properly advise the respondent of the allegations of fact and
charge of removability in this matter and require that the respondent plead to the Notice to
Appear (Form 1-862). See 8 C.F.R. 1240.10(b)(6) and 1240.lO(c). The respondent contends
that, consequently, the Immigration Judge's finding of removability is without support in the
evidentiary record. The record will be remanded for further proceedings.
We review an Immigration Judge's findings of fact for clear error; but questions of law,
discretion, and judgment, and all other issues in appeals, are reviewed de novo. 8 C.F.R.
1003.l(d)(3)(i), (ii). The record establishes that the Immigration Judge did not require the
respondent to plead to the allegations of fact and charge of removability in the Notice to Appear
(Tr. at 1-3, 6-7, 13-14). Accordingly, the following order will be entered.
ORDER: The record is remanded for further proceedings.

Cite as: Eligio Trujillo-Mavie, A205 656 755 (BIA April 22, 2016)

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

IN REMOVAL PROCEEDINGS

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In the Matter of
i

Case No.: A205-656-755

IN REMOVAL PROCEEDINGS
ORDER OF THE IMMIGRATION JUDGE

?:

This is a summary of the oral decision entered on

f(-r
This memorandum is solely for the convenience of the parties. If the
proceedin
hould be appealed or reopened, the oral decision will become
the o 'cial opinion in the case.
The respondent was ordered removed from the United States to
(
MEXICO or in the alternative to .
Respondent's application for voluntary departure was denied and
respondent was ordered removed to MEXICO or in the
alternative to .
Respondent's application for voluntary departure was granted until
r
upon posting a bond in the amount of$
with an alternate order of removal to MEXICO.
Respondent's application for:
( ) Asylum was ( )granted
)denied( )withdrawn.
( ) Withholding of removal was
)granted ( )denied
)withdrawn.
[ ] A Waiver under Section- was { )granted ( )denied
)withdrawn.
[ ) 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.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a
until
As a condition of admission, respondent is to post a$
bond.
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.
'
Proceedings were terminated.
)
Other:
Date: Feb 11, 2015
]

Appeal:

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TRUJILLO, ELIGIO MAVIE

Respondent

IMMIGRATION COURT
970 BROAD STREET, ROOM 1200
NEWARK, NJ 07102