U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5/07 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

Guttlein, Jorge, Esq. Jorge Guttlein & Associates, P .C. 291 Broadway, Suite 1500 New York, NY 10007

OHS/ICE Office of Chief Counsel - BTV 130 Delaware Avenue, Room 203 Buffalo, NY 14202

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Name: DE LA CRUZ BRITO, RAINIERE ...

A 060-135-193

Date of this notice: 11/26/2013

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

DGnltL ct1/lA)
Donna Carr Chief Clerk

Enclosure Panel Members: Grant, Edward R.

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Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Rainiere Antonio De La Cruz Brito, A060 135 193 (BIA Nov. 26, 2013)
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U.S. Department of Justice

Executive Offoe for Immigration Review
.

Decision ofthe Board of Immigration Appeals

Falls Church, Virginia 20530

File:

A060 135 193 -Batavia, NY

Date:

NOV 2 6 2013
..

In re: RAINIERE ANTONIO DE LA CRUZ BRITO IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Jorge Guttlein, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Marvin J. Muller III Assistant Counsel

APPLICATION:

Termination of proceedings

ORDER: The Department of Homeland Security ("DHS") and the respondent have filed a joint motion to terminate these proceedings without prejudice. The respondent is not removable as charged because he has filed a direct appeal of the sole conviction stated in the Notice to Appear. motion is granted and proceedings are terminated without prejudice. The

Cite as: Rainiere Antonio De La Cruz Brito, A060 135 193 (BIA Nov. 26, 2013)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BUFFALO, NEW YORK

Immigrant & Refugee Appellate Center | www.irac.net

File: A060-135-193 In the Matter of

June 11, 2013

) RAINIERE ANTONIO DE LA CRUZ BRITO RESPONDENT ) ) ) IN REMOVAL PROCEEDINGS

CHARGES:

Section 237(a)(2)(B)(i) of the Immigration and Nationality Act (the Act), an alien who has been convicted of a controlled substance violation.

APPLICATIONS:

Continuance of these proceedings.

ON BEHALF OF RESPONDENT: DINGDING WAN, Esquire The Law Offices of Jorge Guttlein and Associates, PC ON BEHALF OF OHS: BRIAN J. KUNAHAN

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a male native and citizen of the Dominican Republic. He is charged with being removable from the United States, as set forth above, pursuant to a Notice to Appear dated October 11, 2012 (Exhibit No. 1 ). On today's date the attorney for the respondent admitted all four factual allegations contained in Exhibit No. 1 of these proceedings and conceded that the respondent is removable from the United States as charged by the Government for

having been convicted of criminal possession of heroin in the second degree. Notwithstanding the respondent's admissions through counsel, the Government introduced into evidence, without objection, Exhibit No. 2 in these proceedings which is a immigrant data summary relating to the respondent and Exhibit No. 3 which is an

Immigrant & Refugee Appellate Center | www.irac.net

institutionalized certified record of conviction showing the respondent's conviction as charged in the Notice to Appear. Based upon the respondent's admissions through counsel, along with my review of the documentation contained in Exhibits 2 and 3, I find that the respondent is removable from the United States as charged by the Government by evidence which is clear and convincing. The respondent, through counsel, declined to designate any country of removal. This Court designated the Dominican Republic. The attorney for the respondent indicated that the respondent was seeking an additional continuance so they could pursue a pending motion to the appellate division to accept a late filed appeal of the respondent's conviction which makes him deportable. The Government opposed that request. The Court denied the respondent's counsel's motion for a continuance. It appears that the attorneys for the respondent have been granted continuances from March 21, until today's date to prepare. The motion to accept delayed file appeal has been pending since April of 2013, and the respondent is being detained pursuant to mandatory custody at OHS expense. The attorney for the respondent has indicated that the respondent is seeking no other form of relief from removal. I note that even though the respondent is a permanent resident of this country that he lacks the five years of being a permanent resident in the United States and presumably the seven years of continuous residence

A060-135-193

June 11, 2013

to qualify for cancellation of removal pursuant to Section 240A(a) of the Act. Based upon the foregoing, the following order of the Court shall enter: ORDER

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Respondent is hereby ordered removed from the United States to the Dominican Republic.

Please see the next page for electronic signature

JOHN B. REID Immigration Judge

A060-135-193

June 11, 2013

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//s// Immigration Judge JOHN B. REID reidj on August 1, 2013 at 11:28 AM GMT

Immigrant & Refugee Appellate Center | www.irac.net

A060-135-193

June 11, 2013