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Department of Justice
Executive Office for Immigration Review
Costas, Weronika K., Esq The Costas Network Law Center 2000 Auburn Drive., Suite 200 Beachwood, OH 44122
OHS/ICE Office of Chief Counsel - CLE 1240 E. 9th St., Room 585 Cleveland, OH 44199
A 201-101-348
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DorutL cf1AA)
Donna Carr Chief Clerk
Enclosure
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Cite as: Ismael Rangel-Yllescas, A201 101 348 (BIA Oct. 17, 2013)
'
File:
OH
Date:
OClJ 7 20t3
The respondent, a native and citizen of Mexico, has filed a timely appeal of the Immigration Judge's decision dated January 16, 2013, denying the respondent voluntary departure and ordering his removal from the United States. On appeal, counsel for the respondent points out that the respondent was pro se below, and that the Immigration Judge did not advise the respondent of the forms of relief for which he might be eligible, including pre-conclusion voluntary departure and post-conclusion voluntary departure. See Matter of C-B-, 25 I&N Dec. 888 (BIA 2012); Matter of Cordova, 22 I&N Dec. 966 (BIA 1999). Due to the circumstances presented in this case, we find that a remand is warranted. Upon remand, the Immigration Judge should consider the respondent for all forms of relief for which he appears eligible at that time. Accordingly, the following order will be entered. ORDER: The record is remanded to the entry of a new decision consistent with the forego
Cite as: Ismael Rangel-Yllescas, A201 101 348 (BIA Oct. 17, 2013)
UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT CLEVELAND, OHIO
File:
A201-101-348
January 16,
2013
In the Matter of
IN REMOVAL PROCEEDINGS
CHARGES:
as amended,
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 designated by the Attorney General.
APPLICATIONS:
None.
PRO SE Esquire
THORIN FREEMAN,
ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a 23-year-old male born March 10, according to the Form I-213, this matter. 1989,
Appear was personally served on the respondent on May 22, At a Master Calendar hearing conducted on December
5,
the respondent appeared before the Court and acknowledged receipt of a copy of the Notice to Appear. The respondent was The
given a copy of the list of free legal service providers. Court explained the Notice to Appear and explained the respondent's rights in these removal proceedings. respondent requested an opportunity to obtain The
counsel prior to
the Court proceeding further and this matter was rescheduled to January 16, On 2013. 16, 2013, the respondent appeared before the The Court inquired as
January
to the truth of the factual allegations in the Notice to Appear. The respondent informed the Court that factual allegations one and two are true and that he had first entered the United States at an unknown location on the border of the year 2008. United States in the
States and was not admitted or paroled after inspection by an Immigration officer. The respondent informed the Court that he
has not left the United States since that time. The Court finds, based on the respondent's answers, that
the respondent is an alien present in the United being admitted or paroled. He is therefore
States without
inadmissible as
by clear and
A201-101-348
January 16,
2013
convincing evidence,
The respondent informed the Court that he has no fear of returning to Mexico. The respondent also informed the Court
that he has no travel document nor does he have funds with which to purchase transportation to Mexico. As the respondent has been found removable by clear and convincing evidence and as there appears to be no form of relief from removal for which the respondent is currently eligible, including voluntary departure, order. ORDER IT IS HEREBY ORDERED that the respondent be removed from the United States to Mexico. the Court will make the following
January
16,
2013
D.
JR.
Immigration
A201-101-348
January 16,
2013
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D.
WILLIAM EVANS,
JR.
evansw on April
2013 at
10:04 AM GMT
A201-101-348
January 16,
2013