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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Qffice of the Clerk
5/07 leesburg Pike, Suite 2000

Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - ATL


180 Ted Turner Dr., SW, Ste 332
Atlanta, GA 30303

Name: PATEL, SUNILKUMAR RAMABH ...

A 205-131-752
Date of this notice: 6/3/2016

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

DOrt.lU- C!

a.AA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Leary, Brian M.

Use rte am: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index/
Cite as: Sunilkumar Ramabhal Patel, A205 131 752 (BIA June 3, 2016)

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

Berger, Dara L., Esq.


Law Office of Dara L Berger
1000 Abernathy Road, Suite 1115
Atlanta, GA 30328

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review


.,

. Falls Church, Virginia 22041

File: - A205 131 752 -Atlanta, GA

Date:

In re: SUNILKUMAR RAMABHAL PATEL

APPEAL
ON BEHALF OF RESPONDENT: Dara L. Berger, Esquire
ORDER:
The respondent, a native and citizen of India, appeals from the Immigration Judge's decision
dated January 15, 2015, which denied his motion for a continuance and ordered him removed.
The Department of Homeland Security has not replied to the respondent's brief on appeal. The
record will be remanded.
The record shows that the respondent appeared at the master calendar hearing scheduled for
January 15, 2015, and requested a continuance to file a petition for a U visa based on being a
victim of a crime that occurred on December 29, 2014, while he was working. Review of the
transcript indicates that the Immigration Judge found no good cause for a continuance, noting
that the respondent had not filed the visa petition and did not have work authorization (Tr. at
136-138). 1
We find that a remand is in order. The crime in question occurred only 2 weeks before the
hearing (Tr. at 136). The Immigration Judge's statement that 2 weeks was sufficient to get the
necessary documents and signatures is speculative (Tr. at 138-139). Also, the Immigration Judge
does not explain how a lack of work authorization affects the good cause determination here.
See Matter of Sanchez-Sosa, 25 I&N Dec. 807 (BIA 2012) (discussing the eligibility
requirements for a U visa and the considerations for assessing whether good cause exists to
continue proceedings for the adjudication of a pending U visa petition). Finally, on appeal, the
respondent submitted a complete U visa petition package filed on or about May 18, 2015.
Respondent's Brief, Tab C. Although the respondent has not provided any updated status
information, the visa petition appears to be prima facie approvable based on the included
information. See id. Under the circumstances, a remand is appropriate. Accordingly, the record
is remanded to the Immigration Judge for further proceedings consistent with the foregoing
opinion.
FORtfHE BO
1

The record contains a summary order only. We note that the respondent conceded that he was
removable and made no application for relief, only the motion for a continuance (Tr. at 101,137).
See 8 C.F.R. 1240.12(b).
Cite as: Sunilkumar Ramabhal Patel, A205 131 752 (BIA June 3, 2016)

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

IN REMOVAL PROCEEDINGS

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U.S. DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE OF IMMlGATION REVIEW
IMMIGRATION COURT
180 SPRING STREET, SW. SUITE 241
ATLANTA, GA 30303
ln the Matter of:

Respondent

IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION.JUDGE

iS 1

This is a summary of the oral decision entered on


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This memorandum is solely for the convenience of the pa1ties. If the proceedings should be appealed or reopened, the
oral decision will become the official opinion in the case.
;'

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

PATEL, SUNILKUMAR RAM ABHAL

Case No.: A205-131-752

The respondent was ordered removed from the United States to ___:l,,__
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alternative to ___ ______
Respondent's application for voluntary departure was denied and respondent was ordered removed to
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_
_ __________ or in the alternative to _________ _
Respondent's application for voluntary departure was granted until
upon posting a bond
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with an alternative order of removal to_________ _
_
in the amount of$
Respondent=s application for:
[ ) Asylum was () granted () denied () withdrawn () other.
Withholding of removal was () granted () denied () withdrawn () other.
[ J
Respondent's
application for [] withholding of removal [] deferral of removal under Article IIl of the
[ ]
Convention Against Torture was ( )granted () denied () withdrawn () other.
was () granted ( ) denied () withdrawn () other.
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Waiver under section
]
[
[ ] Cancellation of removal under section 240A(a)was () granted () denied () withdrawn () other.
Respondent=s application for:
[ ] Cancellation under section 240A(b)(L) was () granted () denied () withdrawn () other. If granted, it
was 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 () other. If granted, it
[ ]
was ordered that the respondent be issued all appropriate documents necessary to give effect to this order.
was () granted () denied () withdrawn () other.
Adjustment
of Status under section
[ ]
If granted, it was ordered that respondent be issued all appropriate documents necessary to give effect to this
order.
[ ] Respondent's status was rescinded under section 246.
until _______
[ ] Respondent is admitted to the United States as a
bond.
[ ] As a condition of admission, respondent is to post a$
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Respondent
knowingly
filed
a
f
ivolous
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.
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Proceedings
were terminated.
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[ Y Other:
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Date,

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Appeal: WAIVED / RESERVED (A I I I B )


Appeal due by:

Immigration Judge

CERTIFICATE Of SERVICE
PERSONAL SERVICE (P)
FAX (F)
MAIL (M)
THIS DOCUMENT WAS SERVED BY:
A ITO:
[ P] DHS
IEN's ATT/REP
[ ] ALIEN c/o Custodial Officr , Af.__,,
DATE
BY: COURT STAFF
\...)"'\/
Attach
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