Taylor, Christopher Taylor Lee and Associates 6855 Jimmy Carter Blvd Suite 2150 Norcross, GA 30071

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office of the Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 2204/

DHS/ICE Office of Chief Counsel - ATL 180 Ted Turner Dr., SW, Ste 332 Atlanta, GA 30303

Name: PERAZA DE ORELLANA, MARIA ... A 206-841-467

Date of this notice: 5/26/2016

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

Enclosure

Panel Members: O'Leary, Brian M.

Sincerely,

DOrutL CtVvu Donna Carr Chief Clerk

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

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Cite as: Maria Cecilia Peraza de Orellana, A206 841 467 (BIA May 26, 2016)

U.S. Departmen.t of Justice Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 2204 I

File: A206 841 467 - Atlanta, GA Date: MAY 2 6 2016

In re: MARIA CECILIA PERAZA DE ORELLANA a.k.a. Maria Deorellana Peraza a.k.a. Maria Peraza Deorellana a.k.a. Maria Peraza-Deorellana

IN REMOVAL PROCEEDINGS

APPEAL AND MOTION

ON BEHALF OF RESPONDENT: Christopher C. Taylor, Esquire

APPLICATION: Continuance; remand

The respondent, a native and citizen of El Salvador, appeals from the December 16, 2015, decision of the Immigration Judge, denying her request for a further continuance, and ordering her removed from the United States. On appeal, the respondent has submitted new documentary evidence, which we construe as a motion to remand. The record will be remanded for further proceedings.

We review Immigration Judges' findings of fact for clear error, but questions of law, discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R. § 1003.l(d)(3)(i), (ii).

On appeal, the respondent has submitted documentary evidence to indicate that her lawful permanent resident spouse has filed a visa petition (Form I-130) on her behalf with the United States Citizenship and Immigration Services ("USCIS"). The respondent has also submitted supporting documentation to establish that her spouse has a scheduled naturalization interview with the USCIS. Thus, considering the totality of circumstances presented in this case, the proceedings will be remanded to the Immigration Judge to provide the respondent with an opportunity to seek voluntary departure for the purpose of pursuing consular processing in her home country. See, e.g., Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009); Matter of Velarde, 23 l&N Dec. 253 (BIA 2002).

Accordingly, the following order will be entered.

ORDER: The record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

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Cite as: Maria Cecilia Peraza de Orellana, A206 841 467 (BIA May 26, 2016)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

UNITED STATES IMMIGRATION COURT ATLANTA, GEORGIA

File: A206-841-467

In the Matter of

MARIA CECILIA PERAZA DE ORELLANA

RESPONDENT

CHARGES: Section 212(a)(6)(A)(i).

APPLICATIONS: Continuance.

) ) ) )

ON BEHALF OF RESPONDENT: ESTHER BARDY

ON BEHALF OF OHS: NJERI B. MALDONADO

December 16, 2015

IN REMOVAL PROCEEDINGS

ORAL DECISION OF THE IMMIGRATION JUDGE

The respondent is an adult female, native and citizen of El Salvador who was

placed in removal proceedings with the filing of a Notice to Appear with the Court,

charging removability pursuant to the provisions of 212(a)(6)(A)(i) of the INA.

(Exhibit 1 ).

At a Master Calendar, the respondent admitted the factual allegations and

conceded removability. The respondent is currently a guest of the Department; she is

being detained at a detention center. The Court reset the case for the filing of any and

all relief. Counsel appears on today's date and requests a continuance, stating that the

1

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respondent is planning to marry a lawful permanent resident. She is requesting a

continuance to (A) allow the respondent to get married and (B) for a petition to be filed

by the spouse, and (C) give the petitioner an opportunity to naturalize and become a

United States citizens, which would make a visa available.

The Department opposes a continuance, arguing that any relief is speculative

and somewhat attenuated. The Court agrees and denied the continuance.

The respondent was offered the opportunity for voluntary departure under

safeguards and rejected that option, and requested the Court issue an order.

ORDER

IT IS HEREBY ORDERED that the respondent be removed from the United

States to El Salvador on the charge contained in the Notice to Appear.

Please see the next page for electronic

signature J. DAN PELLETIER United States Immigration Judge

A206-841-467 2 December 16, 2015

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• -- l

//s//

Immigration Judge J. DAN PELLETIER

pelletij on March 28, 2016 at 2:29 PM GMT

A206-841-467 3 December 16, 2015

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