Espinoza, Carla lveth

U.S. Department of Justice

Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pike, Suite 2000
Fals Church, Vrginia 20530
Chica
g
o Immi
g
ration Advocates Law
Ofces
OHS/ICE Ofce of Chief Counsel - CHI
525 West Van Buren Street
Chica
g
o, IL 60607
20 S Clark St. Suite 2120
Chic
g
o, IL 60603
Name: VERA-LOPEZ, JOEL A 205-154-644
Date of this notice: 9/8/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Hofman, Sharon
Sincerely,
DC c t
Dona Carr
Chief Clerk
TranG
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Joel Vera-Lopez, A205 154 644 (BIA Sept. 8, 2014)
U.S. Department of Justice
Executive Ofce fr Immigation Review
Decision of the Board of Immigration Appeals
.
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Falls Chuch, Virginia 20530
File: A205 154 644 - Chicago, IL
In re: JOEL VERA-LOPEZ
IN REMOVAL PROCEEDINGS
APEAL AD MOTION
Date:
ON BEHALF OF RESPONDENT: Carla Iveth Espinoza, Esquire
ON BEHALF OF DHS: Jessica Galassi
Assistat Chief Counsel
APPLICATION: Voluntay Depare; remad
SEP 0 8 2014
The respondent, a native and citizen of Mexico, has appealed the Immigration Judge's
April 14, 2014, decision denying his application fr voluntary depaure in the exercise of
discretion. Subsequent to te fling of this appeal, the respondent submitted new evidence,
which we constue as a motion to remand. The Deparment of Homelad Secuity ("DHS")
opposes the appeal. The record will be remanded fr fer proceedings.
On appeal, the respondent has submited new documentary evidence in the frm of a law
enorcement certifcation, For 1-918 Supplement B, indicating that he may be prima fcie
eligible fr relief in the fr of a non-immigrant U visa. See Mater of Sanchez-Sosa, 25 I&N
Dec. 807 (BIA 2012). Considerng this new evidence, as well as the DHS' opposition, and the
respondent's pro se status in the proceedings below, we will remad these proceedings to allow
the respondent the opporunity to request a continuance while he pusues non-immigrat U visa
status with the DHS' United States Citizenship and Immigation Services.
Due to our dispositon of this mater, we fnd it premature to address the respondent's appeal
of the Immigation Judge's denial of his request fr voluntary depaure.
Accordingly, the fllowing-rder will be entered.
ORER: The record is remanded to te Immigration Cour fr fher proceedings
consistent wit the fregoing opinion ad fr the entry of a new decision.
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Cite as: Joel Vera-Lopez, A205 154 644 (BIA Sept. 8, 2014)
-# ' r
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
CHICAGO, ILLINOIS
File: A205-154-644
In the Matter of
April 14, 2014
JOEL VERA-LOPEZ
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: 212(a)(6)(A)(i) and 212(a)(2)(A)(i)(ll) of the Immigration and
Nationality Act.
APPLICATIONS: Oral request for voluntar deparure.
ON BEHALF OF RESPONDENT: PRO SE
ON BEHALF OF OHS: MARGARET M. FARRELL
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is a 33-year-old male, native and citizen of Mexico who
was issued a Notice to Appear on February 10, 2014. The respondent appeared at an
initial master calendar setting and requested additional time to retain counsel. The
Court granted the request. The Cour ensured that the respondent had received the pro
bono list of atorneys. The mater was continued to April 14. On April 14, 2014 the
respondent again appeared at a master calendar seting. He informed the Cour that he
was unable to obtain counsel. When asked if he wished to represent himself, the
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'- .
respondent indicated in the afirmative. The Court then informed the respondent that it
was his right to represent himself and the Cour infored the respondent of the rights
that accompany self-representation, including the right to speak on his own behalf and
to present witnesses and evidence in Court, the right to inspect evidence that the
Government presents against him, and the right to object to such evidence, the right to
question any witness who testifes in his case, and the right to appeal to a higher cour if
this Court were to rule against him. The respondent indicated that he understood these
rights. The respondent was placed under oath and pleadings were taken. The charges
had initially been read to the respondent at his frst master calendar seting and he
indicated at that time that he understood the rights. The Cour went over the rights with
the respondent again afer instructing him that if there was anything he did not
understand, he should say so. The respondent admitted that he is not a citizen of the
United States and that he is a citizen of Mexico. He informed the Court that he entered
the United States in the year 2001 and that he did so without being inspected by an
Immigration Oficer. The respondent also admitted that on January 31, 2014, he was
convicted at Janesville, Wisconsin for possession of cocaine. The Cour found that the
respondent is an alien present without having been admitted and that he has been
convicted of a crime relating to a controlled substance. Both charges were sustained,
removability having been established by clear and convincing evidence.
The Court inquired furher of the respondent. The respondent informed
the Cour that he used to be married but that he is now divorced. That he has three
children, all of whom were born in the United States. The respondent infrmed the
Cour that he last saw his children about a year and four months ago and that he has
not paid child suppo_ for more than a year. He indicated that he was paying support,
but he lef the state of Wisconsin to go see an aunt of his who was sick in Texas. When
A205-154-644 2 April 14, 2014
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he came back a month or a month and a half later, he found he had lost his job, and in
the 11 months or so that followed that stay in Texas, he was unable to find another job
and therefore was unable to pay child suppor for more than a year.
The Court considered potential immigration relief. The respondent's
conviction for possession of cocaine would bar him from cancellation of removal. When
asked if he feared being harmed in Mexico, the respondent indicated that he does not.
There is no way that the respondent could presently adjust his status. And thus it
appears that the only possible immigration relief would voluntary departure, which the
respondent has requested. He is not statutorily barred from such relief.
Voluntary Deparure
Voluntary deparure is a matter that is within the Cour's discretion. The
Cour must take into account the respondent's ties to the United States and also must
take into account the negative factors. This respondent entered the United States in the
year 2001. He was stopped at the border and given a voluntary retur and entered
again in the same year of 2001. The respondent has three children who are citizens of
the United States. The respondent's ties to the United States therefore are strong in
terms of his length of residence and in the fact that he has three children who are
citizens of the United States. However, the Court notes that the respondent has not
seen his children for a year and four months practically and that he has paid no child
suppor for his own children for a period of more than a year. Moreover, the respondent
was just recently convicted fr possession of cocaine. When asked about the ofense,
the respondent did not accept responsibility for the crime but said that it was not his, it
was cocaine that belonged to somebody else. At Exhibit 2, the conviction documents
from Wisconsin, the Court notes that there is a sworn probable cause statement from
Deputy Stoikes. The Deputy recounts that she found the cocaine in the vehicle driven
A205-154-64 3 April 14, 2014
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by the respondent and she told him that they needed to talk about the cocaine in the car
and according to her swor afidavit, the respondent responded "it's mine". Thus, it
appear that the respondent did possess the cocaine. Even though he was unable to
pay child support for his own children he was able to acquire cocaine and carr it in his
vehicle. The Court notes that he informed the Court that it was not his afer telling the
ofcer at the time that it was his. This is a serious ofense. The respondent has not
accepted responsibility here in Court fr committing the ofense. Therefore, there is no
indication that he set out to rehabilitate himself. And with regard to his children, he is
estranged from them. He has not seen them fr a very long time, well over a year, and
has not paid child suppor for them. Taking into account the nature of his crime and its
recency, taking into account all of the facts and circumstances in this case, in the
exercise of my discretion I decline to grant the respondent voluntary departure and I will
therefore enter an order for his removal to Mexico.
IT IS HEREBY ORDERED that the respondent's oral request for voluntar
deparure is denied.
IT IS FURTHER ORDERED that the respondent be removed from the
United States to Mexico on the charges contained in his Notice to Appear.
A205-154-644
PHILIP L. DIMARZIO
Immigration Judge
4 April 14, 2014
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CERTIFICATE PAGE
I hereby cerif that the attached proceeding before JUDGE PHILIP L.
DIMARZIO, in the matter of:
JOEL VERA-LOPEZ
A205-154-644
CHICAGO, ILLINOIS
was held as herein appears, and that this is the original transcript thereof for the fle of
the Executive Ofce for Immigration Review.
EVALENA E. CLARK (Transcriber)
DEPOSITION SERVICES, lnc.-2
JUNE 21, 2014
(Completion Date)
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