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U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals


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

OHS LIT./York Co. Prison/VCR

Name: DIAZ-JUAREZ, JUAN JOSE

A 205-496-491

Date of th is notice: 4/1/2015

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

[)crutL ct1AA)
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Cole, Patricia A.
Greer, Anne J.
Pauley, Roger

Use rte am: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index
Cite as: Juan Jose Diaz-Juarez, A205 496 491 (BIA Apr. 1, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

3400 Concord Road


York, PA 17402

Decision of the Board of Immigration Appeals

U.S. Department of Justice


Executive Office for Immigration Review
Falls Chlirch, Virginia 20530

File:

Date:

A205 496 491 - York, PA

APR

2015

In re: JUAN JOSE DIAZ-WAREZ

APPEAL
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:

Pro se

John P. Ellington
Deputy Chief Counsel

CHARGE:
Notice:

Sec.

212( a)(6 )(A)(i), l&N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled

APPLICATION: Voluntary departure

The Department of Homeland Security ("DHS") appeals from the Immigration Judge's
November 27, 2012, decision. In that decision, the Immigration Judge extended the respondent's
voluntary departure period. The case will be remanded.
On September 25, 2012, the Immigration Judge granted pre-conclusion voluntary departure
to the respondent. The order granted the respondent 60 days to voluntarily depart the United
States and advised the respondent that, pursuant to 8 C.F.R. 1240.26(b)(3)(iii), the grant of
voluntary departure would be terminated automatically, and an alternate order of removal would
take effect immediately, if the respondent filed a motion to reopen or reconsider during the
voluntary departure period, which ended on November 30, 2012.
Subsequently, the respondent filed a letter indicating that he wanted more time to voluntarily
depart the country because of his wife's poor health. However, this letter was not served on the
DHS. As aforementioned, the Immigration Judge extended the respondent's voluntary departure
period on November 27, 2012. On appeal, the DHS argues that the Immigration Judge erred in
granting the respondent's voluntary departure extension request.
We find that remand of proceedings is warranted. Here, the Immigration Judge granted the
respondent's voluntary departure extension request with no opportunity for the DHS to respond.
We therefore find it necessary to remand the case to the Immigration Judge to hold a hearing or
get the written positions of the parties.

Cite as: Juan Jose Diaz-Juarez, A205 496 491 (BIA Apr. 1, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

A205 496 4.91

Accordingly, the following order will be entered.


ORDE:R The record is remanded to the Immigration Judge for further proceedings and the
entry of a new decision.

2
Cite as: Juan Jose Diaz-Juarez, A205 496 491 (BIA Apr. 1, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Board Member Patricia A. Cole dissents from the majority's decision to remand these
proceedings because the "U granted the respondent's voluntary departure extension request"
without notice to the DHS.However, the Immigration Judge did not extend voluntary departure.
Rather, the Immigration Judge vacated his prior voluntary departure order of September 25,
2012, and sua sponte granted the respondent voluntary departure until January 10, 2012..The
Immigration Judge acted within his authority pursuant to 8 C.F.R. 1003.23(b)(l). I also note
that by virtue of the DHS appeal on December 5, 2012, and the May decision to remand these
proceedings to adjudicate respondent's period of voluntary departure, that the respondent's
period of authorized stay is now well over 3 years.

,.,.1.

1
I

IMMIGRATION COURT
3400 CONCORD ROAD,
YORK,

PA

SUITE 2

17402

In the Matter of
Case No.:
DIAZ-JUAREZ,

JUAN JOSE

A205-496-491

MOVAL PROCEEDINGS

Respondent

JUDGE

AJ(}{) 7 / / "?__

is is a summary of the oral decision entered on

If the

This memorandum is solely for the convenience of.rt.he parties.


proceedings should be appealed or reopened,

Immigrant & Refugee Appellate Center | www.irac.net

ORDER OF

t(')..f_

the oral decision will become

the official opinion in the case.

The respondent was ordered removed from the United States to


MEXICO or in the alternative to .
Respondent's application for voluntary departure was denied and
respondent was ordered removed to MEXICO or in the

lternative

[f/J

to .

Respondent's application for voluntary departure was granted unti

11 30 2012 upon posting a bond in the amount of

with an alternate order of removal to MEXICO.


Respondent's application for:

[
[
[
[

]
]
]
]

Asylum was (

)denied(

)granted

)withdrawn.

)granted (

Withholding of removal was

was (

A Waiver under Section

}denied

)granted (

)withdrawn.

)denied

Cancellation of removal under section 240A(a) was (


(

}withdrawn.

)granted

)denied

}withdrawn.

Respondent's application for:

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


(

) withdrawn.

If granted,

) granted

) denied'

it is ordered that the respondent

J:\e

issued

all appropriate documents necessary to give effect to this order


Cancellation under section 240A(b} (2) was
(

)withdrawn.

}granted

)denied

If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order.


Adjustment of Status under Section
(

)withdrawn.

was

)granted

)denied

If granted it is ordered that the respondent be issued

all appropriated documents necessary


Respondent's application of (

to

give effect to this order.

} 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
As a condition of admission,

until

----

respondent is to pos

bond.

Respondent knowingly filed a frivolous 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.


Proceedings were !" r
mi
: ated.
r:
..
Othe
.
J
.
Date
,

IN
Appeal:

Waived

Appeal Due By:

ld- -77-'n__

Oct

1,f}t9/2-/ ,,4-'