U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - ORL

A046-509-672
C/O BAKER COUNTY DETENTION CTR
1 SHERIFF'S OFFICE DRIVE
MACCLENNY, FL 32063

3535 Lawton Road, Suite 100

Orlando, FL 32803

Name: FAIRCLOUGH, NICHOLAS ANTH...

A 046-509-672

Date of this notice: 12/4/2014

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

DllnltL ct1/VU
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Guendelsberger, John
Manuel, Elise
Hoffman, Sharon

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Nicholas Anthony Fairclough, A046 509 672 (BIA Dec. 4, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

FAIRCLOUGH, NICHOLAS ANTHONY

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive O_ffice for Immigration Review

Falls Ch\Jrch, Virginia 20530

File:

Date:

A046 509 672 - Orlando, FL

DEC

4 2014

In re: NICHOLAS ANTHONY FAIRCLOUGH

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT:

Pro se

Jennifer Page Lozano

ON BEHALF OF DHS:

Assistant Chief Counsel

The respondent, a native and citizen of Jamaica, has appealed from the Immigration Judge's
July 16, 2014, decision ordering his removal from the United States.

The Department of

Homeland Security ("OHS") has filed a motion for summary affinnance of the Immigration
Judge's decision. The record will be remanded.
We review Immigration Judges' findings of fact for clear error, but questions of law,
discretion,

and judgment,

and

all

other

issues

in

appeals,

de

novo.

See

C.F.R.

1003.l(d)(3)(i), (ii).
The Immigration Judge entered his order removing the respondent from the United States as
a final order. However, the respondent's counsel initially requested to reserve the respondent's
right to appeal; only after the Immigration Judge repeatedly indicated that the respondent's
counsel would be subject to sanctions for filing a frivolous appeal, did the respondent's counsel
waive appeal (Tr. at 17-19). In light of our review of the record, we disagree that the respondent

See Matter of Rodriguez-Diaz,

Matter ofC-B-, 25 l&N Dec. 888, 890 (BIA 2012).

voluntarily waived his right to appeal.

(BIA 2000);

22 I&N Dec. 1320

The Immigration Judge did not prepare a separate oral or written decision in this matter
setting out the reasons for the decision. As the respondent has raised additional issues on appeal,
and an explanation of the reasons for the Immigration Judge's order in the transcript is not
sufficient for our review, the record will be returned to the Immigration Judge for preparation of
a full decision. See Matter

ofA-P-,

22 I&N Dec. 468 (BIA 1999). Upon preparation of the full

decision, the Immigration Judge shall issue an order administratively returning the record to the
Board. The Immigration Judge shall serve the administrative return order on the respondent and

The Board will thereafter give the parties

the OHS.
accordance with the regulations.
ORDER:

an

opportunity to submit briefs in

The record is returned to the Immigration Court for further action as required

above.

c
FOR THE BOA

Cite as: Nicholas Anthony Fairclough, A046 509 672 (BIA Dec. 4, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL

;.
.:.-

.. -

. . :-.

Uj
t '! . -

"

IMMIGRATION COURT
3535 LAWTON ROAD, SUITE 200
ORLANDO,

In the Matter of

FL

32803

Case No.: K046-509-672

FAIRCLOUGH, NICHOLAS ANTHONY

Respondent

IN REMOVAL PROCEEDINGS

This is a summary of the oral decision entered on

This memorandum is solely for the convenience of
proceed'
s should be appealed or reopened, the
the
icial opinion in the case.

_____...___--=

If the

The respondent was ordered removed from

-:-or in.th9 alte:ienatioc Le ,

: .

Respodent 's application for voluntary departure was deni

,
or in the
respondent was ordered removed to
alte,rrlative to .
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of $
with an alternate order of removal to .
Respondent's pplication for:
[
]
Asylum was {
)granted
{
)denied{
)withdrawn.

,,.
.... ..

1
. ..
Withholding of removal was ( )granted. ( ) denied
)withdrawn.
A Waiver under Section
was ( )granted (
)denied
(
)withdrawn.
Cancellation of removal under section 24 OA (a) was (
)granted
( ')'.:dr-ied:'<'..
t
Respon en
ti on for:

[
[
[

]
J
]

;,

___

...

:,;;*'.'">1.1-';Jl;;:.

! :

)withdrawn.

If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order.

(
)granted
(
)denied
Adjustment of Status under Section
was
)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
!
..,'., .._.;:r

until
As a conditibn of admission, respondent is to post a $
bond.
_ _
Respondent knowingly filed a frivolous asylum applicati_on a-ft_e_r 9roper
notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear- as ordered in the Immig,ation Judge's oral decision.
Proceedings were terminated.
Other:
,'

Appe

.,

\.,..-,_,..,..

eserved

,._'::

1:t\:\'1

Cancellation under section 240A(b) (1) was (

) granted
denied
If granted, it is ordered that the respondent be issued
) withdrawn.
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was
( )granted
(
)denied
{

Immigrant & Refugee Appellate Center | www.irac.net

ORDER OF THE

Appeal Due By:

Immigration Judge