U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 Leesburg Pike, Suite 2000

Falls Church. Virginia 22041

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

Alexandrovich, Marina Nicole OHS/ICE Office of Chief Counsel - PHO
MARINA ALEXANDROVICH ESQ PC 2035 N. Central Ave.
405 W Southern Avenue Phoenix, AZ 85004
Suite 1-24
Tempe, AZ 85282

Name: REYES-RODRIGUEZ, ROGELIO A 205-920-648

Date of this notice: 6/23/2017

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

Sincerely,

Cynthia L. Crosby
Deputy Chief Clerk

Enclosure

Panel Members:
Grant, Edward R.

. :. \
'

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

Cite as: Rogelio Reyes Rodriguez, A205 920 648 (BIA June 23, 2017)
.I U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A205 920 648 - Phoenix, AZ Date:

JUM 2 3 2017
In re: ROGELIO REYES RODRIGUEZ

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

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Marina N. Alexandrovich, Esquire

APPLICATION: Administrative closure; voluntary departure

The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's
decision dated October 13, 2016, denying his motion to administratively close these proceedings.
The record will be remanded for further proceedings.

The Immigration Judge must identify and fully explain his decision so that the parties will not
be deprived of the opportunity to contest the judge's determination and the Board will be able to
meaningfully exercise its responsibility of reviewing the decision in light of the arguments
advanced on appeal. See generally Matter ofS-H-, 23 I&N Dec. 462, 463-65 (BIA 2002) (stating
that Immigration Judges should include in their decisions clear and complete findings of fact that
are supported by the record and are in compliance with controlling law); Matter ofA-P-, 22 I&N
Dec. 468 (BIA 1999) (stating that a decision should clearly set forth the Immigration Judge's
analysis and legal conclusions); Matter of M-P-, 20 I&N Dec. 786 (BIA 1994) (finding that an
Immigration Judge must fully explain the reasons for a decision in order to allow a fair opportunity
to contest the decision and provide the Board an opportunity for meaningful appellate review).

In this case, the Immigration Judge's decision merely references a discussion on the record and
states without further explanation that the respondent's motion was denied in the exercise of
discretion (l.J. at 2). The Immigration Judge's decision does not discuss any of the criteria for
administrative closure outlined in the Board's decision in Matter of Avetisyan, 25 I&N Dec.
688 (BIA 2012) (setting forth factors to weigh in deciding whether to grant administrative closure
in the exercise of discretion). Therefore, as presently constituted, the decision does not contain
sufficient legal analysis to provide us with a meaningful basis for review. See generally Matter of
S-H-, 23 I&N Dec. 462, 463-65 (BIA 2002).
We will return the record to the Immigration Judge for the entry of a more complete decision.
We express no opinion on the merits of the respondent's motion. Upon preparation of the full
decision, the Immigration Judge shall issue an order administratively returning the record to the
Board. The Immigration Judge shall serve the administrative return order on the respondent and
the Department of Homeland Security. The Board will thereafter give the parties an opportunity
to submit briefs in accordance with the regulations.

Accordingly, the following order will be entered.

Cite as: Rogelio Reyes Rodriguez, A205 920 648 (BIA June 23, 2017)
 l

,i
A205 920 648

ORDER: The respondent's removal is stayed and the record is remanded to the Immigration
Court for further proceedings consistent wi the foregoing opinion.

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

Cite as: Rogelio Reyes Rodriguez, A205 920 648 (BIA June 23, 2017)
,

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
PHOENIX, ARIZONA

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

File: A205-920-648 October 13, 2016

In the Matter of

)
ROGELIO REYES-RODRIGUEZ ) IN REMOVAL PROCEEDINGS
)
RESPONDENT )

CHARGE: 212(A)(6)(a)(i) - present in the United States without admission or

parole.

APPLICATION: Post-conclusion voluntary departure.

I ON BEHALF OF RESPONDENT: Marina Alexandrovichet=, eEsquire

405 West Southern Avenue
Suite 1-24
Tempe, Arizona 85202

ON BEHALF OF OHS: Jordan Cfai!.fillg, esquire

Office of District Counsel
245 North Central Avenue
Phoenix, Arizona 85220

ORAL DECISION OF THE IMMIGRATION JUDGE.

The respondent is a native and citizen of Mexico who was brought into

proceedings with the filing of the Notice to Appear marked as Exhibit 1, charging

removability as noted above. The respondent, while being detained in Florence,

appeared before Judge Taylor and admitted the allegations in the charging document
 -- -

'

and conceded the charge. Based upon pleadings, Judge Taylor found removability

established by clear and convincing evidence. It appears the respondent mentioned to

the clerk in Florence that respondent was possibly planning to file a Form 1-589.

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

Respondent ultimately bonded out from detention in Florence. The matter came to this

court for today's master calendar hearing. After another earlier hearing on April 7,

2016, respondent's counsel advised the court that respondent did not intend to pursue a

Form 1-589, instead seeking the privilege of voluntary departure at conclusion of

proceedings. After discussing on the record the issue of a possible administrative

closure, which was denied by the court as a matter of discretion, the Department

indicated no opposition to the post-conclusion voluntary departure request. It is

therefore ordered that the respondent be granted voluntary departure in lieu of removal

without expense to the government on or before December 12, 2016. It is further

ordered the respondent post a voluntary departure bond in the amount of $500 within

five business days of today's date. In the alternative, should the respondent fail to

depart the United States as agreed upon above, in the alternative, the court orders the

respondent removed from the United States to Mexico based upon the sustained

charge herein.

Please see the next page for electronic

signature
LAMONTE S. FREERKS
Immigration Judge

A205-920-648 2 October 13, 2016

/Isl/

Immigration Judge LAMONTE S. FREERKS

freerksl on January 19, 2017 at 6:56 PM GMT

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

A205-920-648 3 October 13, 2016