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U.S.

Department of Justice

Executive Office for Immigration Review


Board of Immigration Appeals
Office of the Clerk
5 /07 Leesburg Pike, Suite 2000
Falls Church, Virginia 2204 I

OHS/ICE Office of Chief Counsel - ATL


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

Name: LEIVA-ACOSTA, JENNY YESENIA


Riders:
-555
-556

A 208-893-554
Date of this notice: 12/16/2016

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

bOWtL C

t1/VL)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Mann, Ana
Adkins-Blanch, Charles K.
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index/
Cite as: Jenny Yesenia Leiva-Acosta, A208 893 554 (BIA Dec. 16, 2016)

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

Booth, Joyce Ann


Law Offices of G. Cooper & Assoc., PC
5855 Jimmy Carter Blvd., Ste. 155
Norcross, GA 30071

U.S. Department of Justice


E-Kecutive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

Files: A208 893 554 - Atlanta, GA


555
556

Date:

DEC 1 6 2016

IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENTS:

Joyce A. Booth, Esquire

The respondents, natives and citizens of Honduras, appeal the decision of the Immigration
Judge, dated May 24, 2016, ordering their removal from the United States. 1 The Department of
Homeland Security has not replied to the appeal.
Considering the totality of the circumstances, we conclude that it is appropriate to remand the
record to the Immigration Judge for further proceedings. Upon remand, the Immigration Judge
should provide the respondents with an opportunity to file any application for relief for which
they may be eligible. See Matter of C-B-, 25 I&N Dec. 888 (BIA 2012). In turn, he should
explicitly set a deadline for the filing of the applications and corroborating documents. See
8 C.F.R. 1003.31(c); Matter of R-R-, 20 I&N Dec. 547 (BIA 1992). While, on April 19, 2016,
the Immigration Judge made a reference to resetting this mater "one time" (Tr. at 13), he did not
sufficiently advise the respondents of the availability of relief, make the forms available to the
respondents, or indicate that, if they did not file their applications at the proximate hearing, they
would be ordered removed.
At the present time, we express no opinion regarding the ultimate outcome of this case.
Accordingly, the following order is entered.
ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with the foregoing opinion and the entry of a new decision.

The respondents are subject to removal from the United States because, at the time of their
application for admission into this country, they did not possess valid entry documents (I.J. at 1;
Tr. at 5-6). See section 212(a)(7)(A)(i)(l) of the Immigration and Nationality Act, 8 U.S.C.
1182(a)(7)(A)(i)(I).
Cite as: Jenny Yesenia Leiva-Acosta, A208 893 554 (BIA Dec. 16, 2016)

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

In re: JENNY YESENIA LEIVA-ACOSTA

Files: A208-893-554
A
-555
A
-556

May 24 1 2016

In the Matters of

JENNY YESENIA LEIVA-ACOSTA

RESPONDENTS
CHARGES:

212(a)(7)(A)(i).

APPLICATIONS:

None.

)
)

IN REMOVAL PROCEEDINGS

)
)
)

ON BEHALF OF RESPONDENTS: PRO SE


ON BEHALF OF OHS: ABBY L. MEYER

ORAL DECISION OF THE IMMIGRATION JUDGE


The respondents are natives and citizens of Honduras who were placed in
removal proceedings with the filing of Notices to Appear with the Court charging
removability pursuant to the provisions of 212(a)(7)(A)(i) of the INA. Respondents
before an Immigration Judge admitted the factual allegations and he sustained the
charge of removability. This case has been reset on two different occasions for the
respondent to seek an attorney. She comes before the Court today again without any

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

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA

attorney, without any application for relief. Removability has been established by clear
and convincing evidence. She has had adequate time to find an attorney. Her lack of

removed from the United States to Honduras on the charge contained in each Notice to
Appear.

Please see the next page for electronic


signature

A208-893-554/555/556

J. DAN PELLETIER
United States Immigration Judge

May 24, 2016

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

action does not mandate the Court continue the case further. Each individual ordered

/Isl/
Immigration Judge J. DAN PELLETIER

A208-893-554/555/556

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

pelletij on August 23, 2016 at 12:00 PM GMT

May 24, 2016