U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Qffice of the Clerk
5107 leesburg Pike, Suite 2000
Falls Church, Virginia 20530

DHS/ICE Office of Chief Counsel - SEA

1000 Second Avenue, Suite 2900
Seattle, WA 98104

Name: MACARIO-RODRIGUEZ, RENE

A 205-273-172
Date of this notice: 7/15/2015

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

DonftL ct1JVu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David B.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Rene Macario-Rodriguez, A205 273 172 (BIA July 15, 2015)

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

Cruz, Henry Marcus

Rios & Cruz, P.S.
811 First Ave., Suite 340
Seattle, WA 98104

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 20530

Date:

JUL 15 2015

In re: RENE MACARIO-RODRIGUEZ

IN REMOVAL PROCEEDINGS
MOTION
ON BEHALF OF RESPONDENT: Hemy Cruz, Esquire
ORDER:
The Board entered the final administrative order of removal in this case on April 1, 2015. On
May 27, 2015, within the period of voluntary departure reinstated by the Board, the respondent
filed the instant motion seeking to withdraw the grant of voluntary departure under
section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. 1229c(b).
In the present case, the grant of voluntary departure automatically terminated upon the filing
of this motion within the voluntary departure period, and the alternative order of removal to
Mexico takes effect immediately. See 8 C.F.R. 1240.26(c)(3)(iii), (d), (e)(l ); see also
Dada v. Mukasey, 554 U.S 1 (2008). Further, as a result of this filing, the respondent is not
subject to e penalties for failure to voluntarily depart. As the mere filing of the motion
effectuated the respondent's request, the motion is otherwise denied as moot.

FOR THE BOARD

Cite as: Rene Macario-Rodriguez, A205 273 172 (BIA July 15, 2015)

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

File: A205 273 172 - Seattle, WA