In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel.
6855 Jimmy Carer Blvd, Suite 2150 Norcross, GA 30071 U.S. Department of Justice Executive Ofce fr Immigration Review Boardo/Immigrationappea/s Ogceo/theC/erk 5107 leeburg Pike, Suite 2000 Falls Church, Vrginia 22041 OHS/ICE Ofice of Chief Counsel - SOC 146 CCA Road Lumpkin, GA 31815 Name: CASTORENA-ALONSO, MARCE ... A 205-866-201 Date of this notice: 9/17/2013 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Manuel, Elise Sincerely, Df c t Donna Car Chief Clerk lucasd Userteam: Docket I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t Cite as: Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013) For more unpublished BIA decisions, visit www.irac.net/unpublished CASTORENA-ALONSO, MARCELO A205-866-201 William McMinn Stewar Detention Center 146 CCA Road Lumpkin, GA 31815 Name: CASTORENA-ALONSO, MARCE ... U.S. Department of Justice Executive Offce fr Immigation Review Boardo/Immigratioaappea/s Ogceo/theC/erk 5 J 0 7 Leeburg Pike, Suite 2000 Falls Clurcl, Vrginia 22041 OHS/ICE Ofice of Chief Counsel - SOC 146 CCA Road Lumpkin, GA 31815 A 205-866-201 Date of this notice: 9/17/2013 Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being provided to you as a courtesy. Your attorey or representative has been sered wit this decision pusuat to 8 C.F.R. 1292.S(a). If the attached decision orders that you be removed fom the United States or afrs an Immigration Judge's decision ordering that you be removed, any petition fr review of the attached decision must be fled with and received by the appropriate court of appeals within 30 days of the date of te decision. Enclosure Panel Members: Manuel, Elise Sincerely, Df CaA Donna Carr Chief Clerk lucasd Useream: Docket I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t Cite as: Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013) U.S. Deparent of Justice Etve Ofc lor Im gon Rew Deision of te B o Imon Aps FalChu V 2201 File: A205 866 201 - Lumpk, GA Date: I r: MRCELO CASTORNA-AONSO a.k.a Mcelo Casorena I ROVAL PROCEEIGS APE ON BEF OF RSPONET: Chsopher Taylor, Esquire APLICATON: Voluntar Depae .LF I ! 2013 The rspondent, a natve and citizen of Mexico, h appealed fom the Immgtion Judge's Arl 25, 2013, decision ordering his remova.1 The respondent does not cntes te Immigaon Judge's removability deermnaion, but appes the denal of voluntary depare. The Boad reiews fdings of fact under a clely eroneous standad, while all oter isses, including whete the paes have me te releva burde of proof ae reiewe de novo. 8 C.F.R. [1003.l(d)(3Xi)-(ii). The reord will be remanded as set frh below. The Im igation Judge denied volunta depare in discreion based solely on an appaent convicion fr possession of maijua (.J. a 2). 2 I exercising disceion wih respe to a voluntary deae application, a Immigation Judge must weigh both fvorable ad unfavorale fctors. See Mm er of&rgeIIes-Cpos, 22 I&N Dec. 811, 817 (I 1999) (settng frt te fvorale factors, a well as averse fcors, that should be considee in a discreona analysis). We ae with the respondent that the Imgation Judge's decision does no refe consideation of ay of te responden's fvorale equities in deiding wheher he meited volunt depare in te exercise of discretion, nor does it appe he was asked questons relating to his fvorale euities. Thus, a red fr fer consideraion of that reque ad te ent of a new deision is waranted. ORER The record is remanded to the Im igaton Court for fhe prcedings consisen wit te fregoing opinion and for the enty of a new decision. 1 O June 15, 2012, the Sece of the Deaent of Homeland Secuity (HS) anounced tat cern young people, who ae low law enforcement prorites, will be eligble to reeive defered action. The respondent, though couei indicate below tat he was seekg defere acon. Neereless, we note t inforation regarding DHS' Defered Action Process for Youn Peple Who ae Low Enforcement Prorie may be obtained at te fllowing DHS websites: USCIS at ww .uscis.gov, ad ICE at ww .ice.gov. Idivduls can also call USCIS' hotlne at 1-800-375-5283 or ICE's hotlie at 1-888-351-024. 2 The rerd before us does not cntn anv convicton docments. I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t Cite as: Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT LUMPKIN, GEORGIA File: A205-866-201 April 25, 2013 In the Matter of MARCELO CASTORENA-ALONSO ) ) ) ) IN REMOVAL PROCEEDINGS RESPONDENT CHARGE: APPLICATION: Section 212(a ) (6 ) (A ) (i ) of the Immigration and Nationality Act, as amended - in that you are an alien present in the United States without being admitted or paroled or who arrived in the United States at any time or place other than as designatep.-By the-- Attorney General.
Pre-conclusion voluntary deparure. i i '-' i:. : ? r:-u 1- f , .. ' - ON BEHALF OF RESPONDENT: GIOVANNI DIAZ ON BEHALF OF DHS: SARAH MAZZIE-BRISCOE :.,II ORAL DECISION OF THE IMMIGRATION JUDGE Respondent is a male native and citizen of Mexico. The respondent claims to have entered the United States in 1997. The respondent was not then admited or paroled afer inspection by an Immigration ofcer. On March 25, 2013, respondent admitted and conceded via his counsel and the Cour found that the allegations and the charge were sustained by clear and convincing evidence and that the respondent was removable to Mexico. 1 I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t The infrmation before this Cour is that the respondent is not married to a United States citizen or legal permanent resident. His parents and his grandparents are not United States citizens or legal permanent residents. The respondent does not have any United States citizen children. Therefre, the respondent is not eligible fr non-legal permanent resident cancellation of removal, better known as EOIR-428 relief. At an earlier hearing it was established that respondent's relief was deferral of action, over which this Court has no jurisdiction. The Court is also aware that the respondent has been arrested in Henry County, Georgia, by the police deparment fr possession of marijuanaless than one ounce. On Januar 22, 2013, he was convicted and given 12 months' confinement. Also the respondent, January 30, 2013, was arrested by the Clayton County, Georgia PD for driving without a valid license. That case is pending. Today, April 25, 2013, respondent's counsel asked for voluntary deparure fr his client. This Court denied that request as a matter of discretion based on the respondent's criminal history in the United States, to wit: the possession of marijuana. Counsel fr respondent then resered appeal, as is his right. Then, afer resering his right, counsel fr respondent told the Cour that he was appealing the case because he wanted an opporunity to ask the Goverment if the Government objected to voluntary departure fr the respondent. At that time the Cour simply said to respondent's counsel, go ahead and ask the Goverment, to wit the Government counsel answered, upon the question being posed to her, that she objected to the respondent having voluntar departure fr the same reasons as the Cour, those being his possession of marijuana. As respondent has no qualifing relatives in the United States and is in the United States illegally and as the respondent has violated the drug laws of the United A205-866-201 2 April 25, 2013 I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t States, albeit with the small amount of marijuana, the Cour, having reviewed the possibilities fr the respondent to remain in the United States, has denied his relief. The respondent has conceded removability. The Cour notes that he has not been convicted of an aggravated felony. The Cour notes that he is not seeking any other relief in frnt of this Cour, although he is, according to his counsel at the last setting, seeking prosecutorial discretion from the Deparment of Homeland Security. The Cour has balanced the negatives and the positives and the potential fr the respondent to remain in the United States and has determined that the respondent should be denied voluntary deparure as a matter of discretion. ORDER OF THE COURT Relief pursuant to voluntar deparure is ordered denied. Appeal date is May 28, 2013. A205-866-201 SAUNDR D. ARRINGTON Immigration Judge 3 April 25, 2013 I m m i g r a n t
&
R e f u g e e
A p p e l l a t e
C e n t e r
|
w w w . i r a c . n e t CERTIFICATE PAGE I hereby cerif that the attached proceeding befre JUDGE SAUNDRA D. ARRINGTON, in the matter of: MARCELO CASTORENA-ALONSO A205-866-201 LUMPKIN, GEORGIA was held as herein appears, and that this is the original transcript thereof fr the file of the Executive Ofice for Immigration Review. LINDA DOCK (Transcriber) FREE STATE REPORTING, lnc.-2 JUNE 14, 2013 (Completion Date) I m m i g r a n t