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 22041

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

Munoz, Alfonso DHS/ICE Office of Chief Counsel - WAS
Law Offices of Josue-Alfonso Munoz S. 1901 S. Bell Street, Suite 900
1802 East Thomas Road Arlington, VA 22202
Suite 14
Phoenix, AZ 85016

Name: CEDILLO-CEDILLO, FERNANDO A 209-763-977

Date of this notice: 6/1/2017

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:
Grant, Edward R.
Adkins-Blanch, Charles K.
Mann, Ana

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

Cite as: Fernando Cedillo-Cedillo, A209 763 977 (BIA June 1, 2017)
 U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 leesburg Pike. Suite 2000

Falls Church, Virginia 2204/

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

CEDILLO-CEDILLO, FERNANDO DHS/ICE Office of Chief Counsel - WAS
A209-763-977 1901 S. Bell Street, Suite 900
OHS/ICE/ FARMVILLE Arlington, VA 22202
P.O BOX N
FARMVILLE, VA 23901

Name: CEDILLO-CEDILLO, FERNANDO A 209-763-977

Date of this notice: 6/1/2017

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.

Sincerely,

cl
Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
Grant, Edward R.
Adkins-Blanch, Charles K.
Mann, Ana

Userteam: : i:. c;

Cite as: Fernando Cedillo-Cedillo, A209 763 977 (BIA June 1, 2017)
.
.
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A209 763 977 - Arlington, VA Date:

JUN - 1 2017
In re: FERNANDO CEDILLO-CEDILLO

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

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Alfonso Munoz, Esquire

ON BEHALF OF DHS: James R. Rust

Assistant Chief Counsel

The respondent, a native and citizen of Guatemala, has appealed from the Im.migration Judge's
order dated February 14, 2017. 1 The Immigration Judge found the respondent removable as
charged, and found that he waived his right to apply for relief from removal. The appeal will be
sustained, and the record will be remanded.

The Board reviews an Immigration Judge's findings of fact under the "clearly erroneous"
standard. 8 C.F.R. 1003.l(d)(3)(i); Matter of S-H-, 23 I&N Dec. 462, 464-65 (BIA 2002). The
Board reviews questions of law, discretion, and judgment and all other issues in appeals from
decisions oflmmigration Judges de novo. 8 C.F.R. 1003.l(d)(3)(ii).

The respondent was placed in proceedings on November 24, 2016. His first hearing before the
Immigration Judge was on February 14, 2017. At that hearing, the Immigration Judge proceeded
to take pleadings {Tr. at 3-4). The Immigration Judge found that the respondent had waived his
right to an attorney and to apply for asylum (Tr. at 2-3, 5).

On appeal, the respondent claims that he requested the opportunity to obtain counsel and
indicated that he did not want to return to Guatemala because his family was threatened. The
respondent was detained and was pro se during the hearing. After the respondent expressed a fear
of harm to his family, the Immigration Judge asked the respondent whether he wanted to "file an
application for asylum and withholding of removal" (Tr. at 5). See sections 208 and 241(b)(3) of
the Immigration and Nationality Act, 8 U.S.C. 1158, 1231(b)(3); 8 C.F.R. 1208.13,
1208.16-1208.18. While the respondent declined, it is not clear that he understood during this
televideo hearing that such an application would be related to his fear of return. We also note that
the respondent had only one hearing before the Immigration Judge. Based on the totality of the
circumstance, we will remand the record to the Immigration Judge to allow the respondent another
opportunity to apply for asylum, withholding of removal, and for protection under the Convention
Against Torture.

1 The Immigration Judge in this case did not issue a separate oral decision, but rather completed
a form "Order of the Immigration Judge," which was a summary of the oral decision.

Cite as: Fernando Cedillo-Cedillo, A209 763 977 (BIA June 1, 2017)
A209 763 977

Accordingly, the following order will be entered.

ORDER: The record is remanded to the hnmigration Judge for further proceedings consistent'
with the foregoing opinion. .

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

2
Cite as: Fernando Cedillo-Cedillo, A209 763 977 (BIA June 1, 2017)
......

IMMIGRATION COURT
1901 S. BELL STREET, SUITE 200
ARLINGTON, VA 22202
In the Matter of
Case No.: A209-763-977
CEDILLO-CEDILLO, FERNANDO
Respondent IN REMOVAL PROCEEDINGS

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

ORDER OF THE IMMIGRATION JUDGE .
-. ---- -- -........ ----'- -"----"' ..__ ...-.... .
This is a summary of the oral decision entered on&6 ,-0(2-V I'7j )-(,1>/J
This memorandum is solely for the convenience of the parties. I/ the
proceedings should be appealed or reopened, the oral decision will become
t official opinion in the case. /.L'1
[)\,] The respondent was ordered removed from the United States to & mA v, V
'O'i 11 the al tetiiab ve to
UJO
[ ] Respondent's application for voluntary departure was denied and
respondent was ordered removed to or in the
alternative to .
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of$
with an alternate order of removal to .
Respondent's application for:
[ ] Asylum was ( )granted )denied( )withdrawn.
[ ) Withhold1 ng of removal was )granted ( }denied )withdrawn.
.
[ l ) A Waiver under . Section was ( )granted { }denied )withdrawn.
_ - - . - - . of removal under section 240A(a} was ( )granted
[ ] Cancellation )denied
Respondent's application for:
t }Wth,fWfl
[ ] Cancellation under section 240A(b)(1) was ( ) granted ) denied
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A {b) (2) was ( )granted { )denied
( }withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Adjustment of Status under Section was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
.,',

Respondent's application of ( ) withholding of removal ( } deferral of

removal under Article III of the Convention Against Torture was
( ) granted ( ) denied ( ) withdrawn.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a until ---
As a condition of admission, respondent is to pasta$ ---- bond.
Respondent knowingly filed a frivolous asylum application after proper
pgti:
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge's oral decision.
Proceedings were terminated.

Date:
Other'q;/;11} <Jo/ t
r, 9/;7
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Appeal Due By: C;

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