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U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals


Office of the Clerk
5 /07 Leesburg Pike. Suite 2000
Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - MIA

P.O. Box 612888


N. Miami, FL 33261

333 South Miami Ave., Suite 200


Miami, FL 33130

Name: CUELLO ALCANTARA, LUIS AR...

A 017-726-072

Date of this notice: 3/ 17 /2015

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

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Neal, David L
Adkins-Blanch, Charles K.
Guendelsberger, John

Userte am: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index
Cite as: Luis Aramis Cuello-Alcantara, A017 726 072 (BIA March 17, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Landers, Jr., Beresford A.

' .

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review


Falls Church, Virginia 20530

File:

Date:

AO 17 726 072 - Miami, FL

MAR

17 2015

In re: LUIS ARAMIS CUELLO-ALCANTARA ak.a. Luis Cuello a.k.a. Luis Perez

a.k.a. Louie Cuello

APPEAL
ON BEHALF OF RESPONDENT:

Beresford A. Landers, Jr., Esquire

APPLICATION: Reconsideration

The respondent, a native and citizen of the Dominican Republic and lawful permanent
resident of the United States, appeals from the Immigration Judge's decision dated June 19,
2013, which denied his motion to reconsider. The Department of Homeland Security has not
replied to the respondent's brief on appeal.

The appeal will be sustained and the record

remanded.
We review Immigration Judges' findings of fact for clear error, but we review questions of
law,

discretion,

and judgment,

and

all

other

issues

in

appeals

de

novo.

8 C.F.R.

1003.1(d)(3)(i), (ii).
The record shows that the Immigration Judge set a deadline of May 31, 2013, for the
respondent to file an application for a waiver of inadmissibility under section 212(c) of the
Immigration and Nationality Act, 8 U.S.C. l 182(c). In a June 6, 2013, decision, the
Immigration Judge found that there was no record that the respondent filed that application or
any other application for relief by the close of business on May 31, 2013, deemed the application
abandoned, and ordered the respondent removed.

In the motion to reconsider, the respondent

indicated that he mailed the application, which was received at the Immigration Court on June 3,
2013.
We will sustain the appeal and remand to allow the respondent another opportunity to apply
for a section 212(c) waiver.

The regulations specify that an Immigration Judge may set time

limits for filing an application; if an application is not filed within the time set, the opportunity to
file that application is waived. 8 C.F.R. 1003.3 l(c). However, under the circumstances of this
case, including the respondent's status as a lawful permanent resident of the United States since
1967, we are persuaded that reconsideration of the Immigration Judge's decision is warranted.
See Matter

ofJ-J-, 21 l&N Dec. 976, 984 (BIA 1997).

Cite as: Luis Aramis Cuello-Alcantara, A017 726 072 (BIA March 17, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

ORDER:

The appeal is sustained, and the record is remanded to the Immigration Judge

for

further proceedings.

Immigrant & Refugee Appellate Center | www.irac.net

Cite as: Luis Aramis Cuello-Alcantara, A017 726 072 (BIA March 17, 2015)

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
MIAMI, FLORIDA

IN RE:

IN REMOVAL PROCEEDINGS

017 726 072


Ana Maria Candela, ICE

Beresford Landers, Esquire


P.O. Box

612888

N. Miami, Florida

Department of Homeland Security

33261

Assistant Chief Counsel

ORDER ON MOTION
Respondent at hearing with counsel on February 21,
with the court a section 212( c ) waiver on Form
due by no later than May

2013, requested a 90 day call up to file


1-191. The court informed the parties any relief

31, 2013, or failure to file would be an abandonment of relief and order


6, 2013, the court entered an abandonment order when no

or removal in lieu of hearing. On June

application(s) for relief were forthcoming. Respondent with counsel files this motion received

18, 2013, stating such application was prepared and mailed on the due date but
attempted delivery on June 3, 2013. No such application is attached to this motion. Further, the
yesterday June

motion is not accompanied by filing fee and request for fee waiver is DENIED. Accordingly, the
motion is DENIED. DONE and ORDERED in chambers this Wednesday June

:Daniel Dowell
U.S. Immigration Judge

cc: Assistant Chief Counsel, Ms. Candela


Counsel for Respondent, Mr. Landers
Respond nt at
Mailed out

l(v

.?\ 18th Ave., Apt. l 5D Miami, Florida 33142


By
ljj .

2920

10/IJ

19, 2013.

Immigrant & Refugee Appellate Center | www.irac.net

Luis Aramis CUELLO ALCANTARA