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DELGADO-LOPEZ, MARCO811 BELFAST STEWISBURG, TN 37091
ame: DELGADOLOPEZ, MARCO
U.S Department of Justice
Executive Oce r Imigration Revew
Board of Immigration Appels0ce of the Cek
51 (7 Leesburg Pik, S 00Fall Chch. Vn 24
HS/ICE Office of Chief Counsel E80 onroe Ave., Ste 502Memphis, N 38102
A 205152-331
Date of thi notice: 11/12/2015
closed is a copy of the Board's decison and order n he above-rerenced case.
nclosre
Panel Members:Adki-Bch, C K.
Scerely,
bG CtDona CarrCef erk
Usertea: Dock
For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/
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U.S Deparent of JusticeExec�tive Oc r Imigaion Rview
Fals Chuch, Viga 22041
File: A205 152 331 - Memphis, TN
In re MCO ELGADOLPEZ
IN MOVAL PROCEEDINGS
APPEAL
ON BEHALF O SPNDENT Pro se
Dcision of Bard of Imiio Apeals
Date:
NOV 1 2 05
Te respndent, a native d citzen of exic, appeals m he mgrion Judge'sdciin datd September 3, 2014, wc gted im volunty dee uder section 20B
e mmiion d Nationliy Act, 8 U.SC § 1229c. The appe wll e ssaned d he
recrd remded
Th record show that, at te only master calend heg on Je 18, 2013, e Immiondge questoned h respondent d d hm a contnce to sek toey (Tr. at 3) At e next heng n Setembr 3, 2014, e respondent apeed ithout cosel, ouh indicated h he had sought repreein, ut ws unable t nd aordale oey (Tr. at5) H lso ndicated hat he ed reing to exic (Tr. at 8).
We nd that tng a cntinuce t seek counsl n his intce would have eenappropriate Matter ofC-B-, 25 I&N Dec 888, 80 BIA 2012). We determined i that caseat Imigration udge must gt a reasnable d reistic period of time to rovide a r
ory r e respndent to sek, seak wi, d rein conel.
We also deteied in at case at f a respndent exprsses a fe o rsecuon r hin a coy to which h might e removed, te regulatins require he Immiion dge tadvise e respondnt f the right t apply r asylum or lding f removal (icludg protectin under he Convein Agist Toe), d me he appropriate aplicion savlable. See 8 CFR. 1240.1 (c)()(iii); see also 8 C.R. §§ 208.13, 1208.16, 1208.17.
In s cse, he resondnt w nly provided wi a sngle contice r he pose rtaining counel. When the respndent expresed a e o retng to Mexico, eImiion udge should he (1) avised the respndent at he could aply r yl d
ioldng of removal, (2) aked im if he wied t apply r ose s of rele, d (3)made e rquired r applying r sch relie available to hm in order to comply wih ereurement 8 CFR § 1240.1 (c((i d (ii Id.
We acknowlede e Immiration Judges asic inquiry at he merits heng, ch did notinially indcate hat a rotected gond would be ne cenal reason r e resondent ar frng t Mexic. See e f C-T-L- 25 &N Dec 341 (A 2010). Nevreless, erpondent was never advied that e cld aply r ayl d wildig o remv,including asylum he abence f a welluded f eecon. ee 8 C.F.R 1208()()()(iii. Ths, we ll sutan e ap d remd record r er
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A2Q5 152 33
prceedings, to include allowig the espndent e opprty to apply r y of reliefr which he may be eligible. Fr e regig reasons e llowing order will be entered
OER: The rer is ree e Immiation Judge r her proceengscnsistent wi the reging pion r the ey f new decisin
2
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UNITED SAES DEPARMENT OF JSTICEEXECUIVE OFFICE FOR IMIGRATION REVIEW
UITED SAES IMIGRAION CORTMEMPHIS, TENESSEE
File: A205-152331 September 3 2014
In the Matter of
MARCO DELGADOLOPEZ
RESPONDENT
)))
)
I REMOVAL PROCEEDINGS
CHARGES Section 22(a)(6)(A)(i) alien present without being admitted orparole.
APPICATIONS:
ON BEHALF OF RESODE PRO SE
ON BEHALF OF S D ROOK OORE Il
ORAL DECISION AND ORDER OF TE IMMIGRATION JUDGE
Respondent is an unmarried male native and citizen of Mexico
Respondent first appeared before the Memphis Immigration Court on June 18 2013
and the Immigration Juge gave respondent until today September 20 to find an
attorney
Reondent retr to co and d not hav n or e
Immigration Judge took a plea on the allegations on the Notice to Appear The
Immigration udge then asked respondent questions to determine his eligibility for relief
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Respondent testifed that he arrved in the Unted States n Texas in 2005.
He has three United States ctzen chldren but the mother of the children has no lega
status n the United States Respondent is not marred to a nited States ctzen or a
lawfu permanent resident and his parents have no legal status in the United States
Respondent testified that he came to the Unted States because there are
no jobs n his hoetown in Mexico and that is why he is afraid to return Of course, ths
s not a ground for wthholdng of removal
Respondent was somewhat evasive n answering questions concernng
his crminal history but utately t appears that respondent was convicted outsde the
fve-year perio reuire for showing of goo oral character for DUI an possby of
fleeng the scene of an accident Depament Counsel has stated no opposition to a
grant of post-completion vountary departure and respondent has testfed that he is abe
to post the requiste bond.
Respondent has stated that he wshes to appeal this decson and so the
migraton Judge wll provide the reasons for hs noncontinuance beow
ANALYSIS
An Immgration udge may grant a continuance for goo cause shown 8
CFR § 100329. The Board of Immigraton Appeals will look to whether the
Government has opposed the moton, and in ths case the Government does and
whether or not the mmgraton udge has given a cogent reason for denyng the
continuance Another factor s whether there has been sucient time
The Sixth Crcut has repeatedy upheld the abty of Immration udges
to set tme limts for things such as fng of applications and or fining counse. See
Kwak v oder, 607 F3d 1140 (6th Cr 200); kabi v ukase 525 F3d 403 6th
Cr 2008 and IlcLee v. ukase, 507 F3d 0, 047 6th Cr 2007
A2012-33 2 September 3 2014
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n this case, the Immigration Judge gave respondent wel over a year to
find an attorney Respondent as come to court pro se The Court is aware tat
respondent tried to find an attorney but he said te attorneys were too expensive This
is a factor beyond te control of the Immigration Judge
Given tat respondent has ad almost 15 months to find counsel it is not
reasonable for te Court to continue te case further especially since respondent as
not expressed any basis for relief. He only wants to stay in the nited States and that is
is reason for appealing te decision to the Board of Immigration Appeals
The Department has no objection to a grant of voluntary departure post
completion and so the Court enters this order:
ORDER
Respondent's request for a continuance s dened;
Respondent is granted voluntary departure up to and including November
3 2014 or such date as te Board of Immigration Appeals may grant to respondent
Respondent sall post a bond of $500 with the Department of Homeland Security by
September 10 2014 If respondent does not post this bond te order of voluntary
depature automatically conves to an order of removal against im to Mexico
Respondent s specifcally admonised tat e is to provide proof to te Board of
Immigration Appeals witin 30 days of taking any appeal of the posting of tis bond
Failure to provide such proof will convert the orde of voluntary depaure to an oder of
removal and the Board will not convert te order of removal back to an order of
voluntary depature
Respondent is amonished tat if e does not depart the Untd States by
te date set by this Cout, or extended by the Board of Immigration Appeals the order
of voluntary depature automatically converts to an order of removal against him to
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Mexco Ths wil make him inelgible for vountary departure, adjustment of status, and
cancelation of remova for 10 years and subject hm to cvil penalties, the presumpton
beng that the civl penaty wil be n the amount of $3,000 If respondent files a motion
to reopen or to reconsder durig the voluntary departure perod, the order of voluntary
departure automatcally terminates and an order of removal takes its place
signatue
A20-152-331
Please see the next page for eectonic
CHARLES E. PAZARImmgraton Judge
4 September 3 2014
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/Isl/
�( I
Imigration Judge CHARLES E. PAZAR
pazc n Jnuary 7, 2015 t 6:3 PM GMT
A205-152331 5 September 3 1 2014