U.S.

Department of Justice

Executive Office for Immigration Review

Boartl.o_fImmigration Appeals
Office of the Clerk

5/07 Leesburg Pike, Suite 2000

Falls Church, Virginia 22041

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

Choi, Edward OHS/ICE Office of Chief Counsel - LOS
Asherson, Klein & Darbinian 606 S. Olive Street, 8th Floor
8484 Wilshire Blvd. Suite 711 Los Angeles, CA 90014
Beverly Hills, CA 90211

Name: GOMEZ MARIN, JESUS A 092-096-240

Date of this notice: 5/4/2017

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

Sincerely,

,""--,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
Guendelsberger, John
Liebowitz. Ellen C
Kendall Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Jesus Gomez Marin, A092 096 240 (BIA May 4, 2017)

U.S. Department of Justice Decision of the Board of Immigration Appeals
1,ecutive Office for Immigration Review

Falls Church, Virginia 22041

File: A092 096 240 - Los Angeles, CA Date: MAY - 4 2D17

In re: JESUS GOMEZ MARIN a.k.a Jesus Gomez a.k.a. Jesus Adrian Gomez
a.k.a. Jesus Marin Gomez

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

IN REMOVAL PROCEEDINGS

INTERLOCUTORY APPEAL

ON BEHALF OF RESPONDENT: Edward Choi, Esquire

APPLICATION: Change of venue

The respondent has filed an interlocutory appeal from the Immigration Judge's
March 3, 2017, decision denying his Renewed Motion to Change Venue. We find it appropriate
to exercise our jurisdiction over this case and address the merits of this appeal.

The respondent has entered written pleadings, contesting the charge of removability
(Respondent's Motion to Change Venue at 1). The Immigration Judge subsequently sustained
the charge of removability during a master calendar hearing on December 29, 2016
(Respondent's Renewed Motion to Change Venue at 2). The respondent has submitted
applications for a section 212(h) waiver and for cancellation of removal. See sections 212(h),
240A(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(h), 1229b(a). He had also
indicated that he wished to apply for asylum and related relief. The respondent requests that his
case be scheduled at the San Francisco Immigration Court and the Department of Homeland
Security has affirmatively not opposed a change of venue in these proceedings. We find that
good cause has been shown, and will grant the motion to change venue.

Accordingly, the interlocutory appeal will be sustained and venue transferred to the San
Francisco Immigration Court.

ORDER: The interlocutory appeal is sustained, and the motion to change venue to San
Francisco is granted.

FURTHER ORDER: The record is remanded to the San Francisco Immigration Court for
further proceedings.

Board Member EllenLiebowitz respectfully dissents without separate opinion.

Cite as: Jesus Gomez Marin, A092 096 240 (BIA May 4, 2017)