marco delgado-lopez, a205 152 331 (bia nov. 12, 2015)

8/20/2019 Marco Delgado-Lopez, A205 152 331 (BIA Nov. 12, 2015)

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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For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/

Cite as: Marco Delgado-Lopez, A205 152 331 (BIA Nov. 12, 2015)


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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

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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

A205-152331 3 September 3 2014


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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

marco delgado-lopez, a205 152 331 (bia nov. 12, 2015)

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