..

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suire 2000
Falls Church. Virginia 22041

DHS/ICE Office of Chief Counsel - SLC

2975 Decker Lake Dr. Stop C
West Valley City, UT 84119

Name: RAMIREZ-SANCHEZ, RAYMUNDO

A 099-621-267

Date of this notice: 9/14/2015

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

DortnL

t1/lA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Leary, Brian M.
Grant, Edward R.
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Raymundo Ramirez-Sanchez, A099 621 267 (BIA Sept. 14, 2015)

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

Carpenter, Sean
Wilner & O'Reilly, APLC
343 S. 400 E.
Salt Lake City, UT 84111

lJ.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A099 621 267 - West Valley City, UT

Date:

SEP 14 2015

In re: RAYMUNDO RAMIREZ-SANCHEZ a.k.a. Ray Ramirez

APPEAL
ON BEHALF OF RESPONDENT: Sean Carpenter, Esquire
ON BEHALF OF DHS: Jeffrey D. Clark
Assistant Chief Counsel
APPLICATION: Continuance

The respondent appeals the Immigration Judge's May 21, 2014, decision denying the
respondent's request for a continuance: The respondent was granted the privilege of voluntary
departure. 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, de novo. 8 C.F.R. 1003.l(d)(3)(i), (ii).
The Immigration Judge denied the respondent's motion for a further continuance pending
adjudication of his second application for Consideration of Deferred Action for Childhood
Arrivals (Form 1-8210) before the United States Citizen and Immigration Services ("USCIS").
The Immigration Judge marked into evidence the new 1-8210 along with evidence that the
respondent's conviction, which appears to have been the basis for USCIS denying the initially
filed 1-8210, has since been dismissed (Exhs. 10, 13). Nevertheless, the Immigration Judge
noted the prior continuances granted to the respondent pending adjudication of the initially filed
1-8210 and denied the motion (I.J. at 2-3). See generally Matter ofAvetisyan, 25 I&N Dec. 688,
696 (BIA 2012) (discussing relevant factors for administrative closure, including likelihood the
respondent will succeed on any application); Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009)
(recognizing that a continuance may be warranted where an alien has demonstrated that he is the
beneficiary of a pending immigrant visa petition and established a likelihood of success on an
application for adjustment of status).
Considering all the circumstances, the record will be remanded in order to provide the parties
the opportunity to update the record including the status of the 1-8210 and, if still pending
adjudication, for the Immigration Judge to make a new determination as to whether the pendency
of the I-82 ID before USCIS warrants a continuance or administrative closure.
1

Removability is not disputed.

Cite as: Raymundo Ramirez-Sanchez, A099 621 267 (BIA Sept. 14, 2015)

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

IN REMOVAL PROCEEDINGS

A099 621 267

Accordingly, the following order will be entered.
ORDER: The record will be remanded for further proceedings.

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

2
Cite as: Raymundo Ramirez-Sanchez, A099 621 267 (BIA Sept. 14, 2015)

File: A099-621-267

May 21, 2014

In the Matter of
)
)
)
)

RAYMUNDO RAMIREZ-SANCHEZ
RESPONDENT

IN REMOVAL PROCEEDINGS

CHARGE:

Section 212(a)(6)(A)(i) of the Immigration and Nationality Act (Act),

as amended - in that the respondent is present in the United States
without being admitted or paroled or who arrived in the United
States at any time or place other than designated by the Attorney
General.

APPLICATION:

Voluntary departure.

ON BEHALF OF RESPONDENT: GERMAN T. FLORES Esquire

246 North Orem Boulevard
Orem, Utah 84057
ON BEHALF OF OHS: JEFFREY D. CLARK Assistant Chief Counsel
2975 South Decker Lake Drive
West Valley City, Utah 84119

SUPPLEMENTAL ORDER AND SUPPLEMENTAL DECISION

OF THE IMMIGRATION JUDGE
This decision and order supplements a decision that Immigration Judge Nixon
issued March 15, 2011. See Exhibits 5 and 6 in the Record of Proceedings. The
respondent appealed the decision denying voluntary departure and ordering the

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

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
WEST VALLEY CITY, UTAH

respondent removed from the United States to Mexico, a decision that the Judge issued
three years ago. The appeal was timely filed. See Exhibit 7 in the Record of

On August 17, 2012, the Board of Immigration Appeals issued a decision

dismissing the respondent's appeal. In that appeal, the respondent alleged that Judge
Nixon violated the respondenfs due process rights by denying a continuance. The
Board of Immigration Appeals did not agree, but did remand the proceedings so that the
respondent could have an opportunity to apply for post conclusion voluntary departure.
That decision was issued August 2012, almost two years ago.
Following the remand, Immigration Judge Nixon retired from Government
service. The matter was, therefore, transferred to this Immigration Judge for completion
of the proceedings. This Immigration Judge has familiarized himself with the record.
Although the matter was remanded by the Board solely for the purpose of giving
the respondent an opportunity to voluntarily depart the United States, the matter
remained on calendar for years, in part because the respondent was pursuing Deferred
Action for Childhood Arrivals. In the end, that application was denied. See Exhibit 13 in
the Record of Proceedings. Respondent has recently filed another request for Deferred
Action for Childhood Arrivals arguing that Homeland Security did not adjudicate the first
application correctly. The Department of Homeland Security opposed further
continuances for the respondent to pursue an application that an Immigration Judge
does not have jurisdiction to adjudicate and to pursue an application with USCIS even
though the Board of Immigration Appeals had simply remanded the proceedings for
consideration of voluntary departure.
The Court was unable to find good cause for further continuances for the
respondent to achieve Deferred Action for Childhood Arrivals. He already applied once,
A099-621-267

May 21, 2014

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

Proceedings.

it was denied. He has been given a significant period of time to pursue this alternative
form of relief, a form of relief that an Immigration Judge does not have jurisdiction to

years to work out something with U.S. Immigration. The respondent has not been able
to do that and the Court finds that the only relief that an Immigration Judge has
jurisdiction to adjudicate is voluntary departure, something which the respondent has
also been pursuing for years.
The respondent testified favorably in support of conclusion voluntary departure
May 21, 2014. The Department of Homeland Security did not oppose a decision
granting voluntary departure and the respondent is being given the maximum time
period allowed under the law to voluntarily depart the United States. Because this is
conclusion voluntary departure, an Immigration Judge is required to order that a
voluntary departure bond be posted and this Immigration Judge is ordering that the
minimum departure bond amount required under the law [$500] be posted.
ORDERS
IT IS HEREBY ORDERED that the respondent's application for voluntary
,j

departure under Section 2408 of the Act be granted in lieu of removal and without
expense to the United States Government on or before July 21, 2014.
IT IS FURTHER ORDERED that the respondent shall post a voluntary departure
bond in the amount of $500 with the Department of Homeland Security within five
business days of the date of this order.
IT IS FURTHER ORDERED that if the respondent fails to comply with any of the
above orders, the voluntary departure order shall without further notice or proceedings
vacate the next day and the respondent shall be removed from the United States to
Mexico on the charge contained in the Notice to Appear.
A099-621-267

May 21, 2014

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

consider. The respondent has been in proceedings for almost five years and has had

WARNINGS TO THE RESPONDENT

You have been granted the privilege of voluntarily departing from the United

period specified, a removal order will automatically be entered against you. You will
also be subject to a civil penalty of not less than $1,000 and not more than $5,000 and
you will be ineligible for a period of ten years to receive cancellation of removal,
adjustment of status. registry, voluntary departure or a change of nonimmigrant status.
You have a duty to post the voluntary departure bond with the Department of
Homeland Security Immigration and Customs Enforcement Field Office Director within
five business days of the Court's order granting voluntary departure. See 8 C.F.R.
Section 1240.26(c)(3)(i).
You have an absolute right to appeal this decision. If you do appeal, you must
provide to the Board of Immigration Appeals within 30 days of filing an appeal sufficient
proof of having posted the voluntary departure bond. The Board will not reinstate the
voluntary departure period in its final order if you do not submit timely proof to the Board
that the voluntary departure bond has been posted. See 8 C.F.R. Section
1240.26(c)(3)(ii).
If you do not appeal and instead file a motion to reopen or reconsider during the
voluntary departure period, the period allowed for voluntary departure will not be stayed,
tolled or extended, a grant of voluntary departure will be terminated automatically and
the alternate order of removal will take effect immediately. See 8 C.F.R. Section
1240.26(c)(3)(iii).

Please see the next page for electronic

signature

A099-621-267

May 21, 2014

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

States of America. If you fail to voluntarily depart the United States within the time

. ..

DAVID C. ANDERSON
Immigration Judge

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A099-621-267

May 21 1 2014

..
/Isl/
Irrunigration Judge DAVID C. ANDERSON

A099-621 -267

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

andersda on November 10, 2014 at 2:09 PM GMT

May 21 , 201 4