Beruflich Dokumente
Kultur Dokumente
Department of Justice
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
Date:
DEC 1 6 2016
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENTS:
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)
Files: A208-893-554
A
-555
A
-556
May 24 1 2016
In the Matters of
RESPONDENTS
CHARGES:
212(a)(7)(A)(i).
APPLICATIONS:
None.
)
)
IN REMOVAL PROCEEDINGS
)
)
)
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.
A208-893-554/555/556
J. DAN PELLETIER
United States Immigration Judge
action does not mandate the Court continue the case further. Each individual ordered
/Isl/
Immigration Judge J. DAN PELLETIER
A208-893-554/555/556