mariana gonzalez-hernandez, a205 324 473 (bia july 14, 2015)

8/20/2019 Mariana Gonzalez-Hernandez, A205 324 473 (BIA July 14, 2015)

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LANCE C. STARRLance C Starr LL125 E Main Street, Suite 148 American Fork UT 84003

U.S. Department of Justice

Executive Oce r Imigraion Review

Board ofImmigation ApealsOce of he Clerk

5 I 07 Leesburg Pike, Ste 2000Fals Chc Vgna 030

DHS /ICE Office of Chief Counsel - SLC2975 Dcker Lake Dr Stop West Valley City, UT 84119

am: GOZALEZ-HERNADEZ, ARI . A 205324-473

Date of this notice: 7/14 /2015

Enclosed is a copy of he Board's decision a oder in te aboe-rrenced case.

Enclose

Panel Members:

Grant, Edwad R.

Sincerely,

DO caDoa CarrCie Clerk

Uerteam:

For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/

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Cite as: Mariana Gonzalez-Hernandez, A205 324 473 (BIA July 14, 2015)


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u.s· Department of JusticeExecutive Ofce r Immigraion Review

Decsion of te Bord o Imigraton Appls

Fls Churc, Vrgin 2053

Fie: A205 324 7 West Vaey, UT ate JUL l 4.2015

In e MARIANA GOZALEZ-HEANEZ a.ka. Miaa Gonzez

aa Maiana Gonzaez Feandez aa Maiana Gonzaes

REMOAL PROCENGS

PEA

ON BEHALF O SONEN: Lance C Sa sqie

ON BEHA F S

APLICAON Coninuance

Adam N Geenwayssisant Chief Conse

he espone, a ve d citizen of Mexico has appeaed om e mmigaon Judge'secembe 2 2013 decision In tha ecision, the mmiation Jge oeed the espondentemoved om e Uted Saes Meico 1 he Depaen of Homeand Secity (he "HS)ed a esponsive bief in suppo of he mmigaion Jges ecision he recod wl beemande

We eview igaion Jges dings of c cea eo bt quesions of aw

iscetion jgme nd oe issues e novo 8 CR §§ 100()(3)i) ii)

he Immiaion Jdge enied e espondents motin r a cnince to e a -visaappicaion (Fom I-918) w e nie Ses Ciizensip d Immiain Sevices(SCIS). ncding oe procea ctos the Immiion Judge iscsse he esageof the poceedings h conce w e viabiiy of he appicaion and hat at appicainhad yet o be ed w USCIS See Matter of Snchez Sosa, 25 &N ec 80 (BA 2012)oweve e esponen as since submied evience ha she ed he -918 whch is nowpening bee SCIS In ight of the egong he eco w be emded o e ImmgaionJdge an date on a sts of e espondens appicon ad he consideaion ofwhehe a contince is wted

ccoingy e owing oe wi be enteed.

The esponden does no dispe he emovabity (IJ a 2; Resp Bef a 2). or does teesponen dispute the Immiatin Judges deeinon a he cimina reco pecudes heom esabishing he eisie peio of goo moa chaace o uai vouy depae(I. a 4; a 18; esp. Bief at 2)

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UNITED STATES EPARTMENT OF JSTICEEXECTIVE OFFICE FOR IMMIGRATION REVIEW

UITED STATES IMMIGRATION CORT WEST VALLEY CITY TAH

Fle: A205-324-4 73 December 2, 2013

In the Matter of

MARIANA GONLZ-HERNANDEZ))))

I REMOVAL PROCEEDING

REPONDENT

CHARGE

APPLICATIO

Sectin 212(a)(6)(A)(i) of the Immigration and ationality Act (Act)as amended, in that the respndent is an alien present inUnited States without being admitted or paroled or who arrived innted States at any tme or place other than designated by theAttorney General.

Sectin 2408 of the Act, voluntary depaure

O BEHALF OF RESPONDENT LANCE C STARR, squre125 East Main treet, Suite 14Amercan Fork, Utah 4003

O BEHALF OF HS ADAM GREENWAY, Assistant Chief Cunsel2975 outh Decker Lake Drive West Valley City Utah 4119

ORAL DECISION OF THE IMMIGRATION JUDGE

The respondent is a single emale, natve and ctzen of Mexico. TheDepartment of Homeland Securty ssued a Ntce to Aear ated Otoe 4 201

alleging that the responent entered the nited States at or near an unknown lace on

or about an unknown ate, and charging the respondent with remvablity under

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Section 212(a)(6)(A)(i) of the Act See Exhibit 1 in the Record of Proceedings

On November 5 2013, the respondent, through counsel, admitted the factual

allegations set forth in the Notice to Appear and conceded the charge of removability

Therefore, the charge was sustained

The respondent designated Mexico as the count of removal and Mexico was

directed The respondent applied for relief from removal in the form of voluntary

depaure The respondent also stated that she would be seeking a nonimmigrant

U-visa with Citizenship and Immigration Seices and requested a continuance so that

she can pursue that visa with the Depament of Homeland Security

The Immigration Judge was unable to find good cause fr a continuance for the

respondent to pursue the nonimmigrant visa with US Citizenship and Immigration

Seices. The respondent is currently detained by US Immigration Additionally, the

incident which would give rise to the non-immigrant visa occurred two and a half years

ago The respondent has not even obtained ceification from law enforcement to

present to US Citizenship and Immigration Seices The respondent apparently wasnot aware of the availability of the nonimmigrant visa until aer she was placed into

removal proceedings

With those facts and circumstances the Cou was unable to find good cause for

a continuance for her to have time to seek an avenue of relief from removal that the

Immigration Judge did not have jurisdiction to adjudicate

The respondent applied for volunta departure in the alternative She testified

that she would depa the United States on or before the date that she was required to

eave She testfied that she would cooperate with US Immgration n her return to

Mexico She had a bih ceficate that she could use to gain admssion into the

Count of Mexico The respondent acknowledged her conviction history and

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Homeand Security has documented that history with State Court records, a Form -213

and a Logan City Police Depament repo See Exhibits 2 and 3 in the Record of

Proceedings The respondent did not oppose their incusion into the record and they

were considered r full evidentiary purposes. Despite what the police depament

repo states, the respondent denied gang membership She also noted that she had

five citizen children. She came to the United States at the age of three

Because of the respondent's strong famiy ties in United States and the fact that

respondent has ived inside the United States for most of her ife the Immigration Judge

was inclined to grant voluntary depaure notwithstanding the respondents recent and

significant arrest and conviction history, as refected in Exhibits 2 and 3 in the Record of

Proceedings

However the respondent was not in a position to waive appea of al issues,

therefore pre-concusion vountary depaure was not available and concusion

voluntary departure requires that the respondent demonstrate that she has been a

person of good mora character for at least ive years immediatey preceding thevountary departure appication With the arrest and conviction history found at

Exhibits 2 and 3, the Immigration Judge was unabe to find that the respondent could

meet her burden of proving good mora character for the last five years. There are

recent convictions for attempted retaliation against a witness contributing to the

delinquency of a minor, simple assault the, driving on a suspended icense and driving

on a denied icense. A of these convictions occurred in 2012 and 2013 Additionaly

the most recent incident involved an atercation in a pubi setting at a school.

According to the arrest repo the respondent admitted that she and a sister had sought

out another girl. The respondent was the ony adult present in the scene involving a

number of juveniles which required the police to arrive to so out the situation The

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respondent, as the adult in the group facltated a case of retaliaton aganst another girl

that the respondent's sster had a problem wth on a preceding day. According to the

police report te respondent readly knowngly and ntentonally nvolved her two

younger ssters n the act of intmdating and witness tampering whih also onsttuted

delnqency of a mnor The respondent was later convicted of those oenses. The

polce ha already told the respondent to avoid all contact wth the girls that the

respondent pursued in a school parking lot

Wth these facts and crcumstances surroundng the most recent arrest and the

prior convcton histoy the Cout was unable to find good moral character whh s

requred for conclusion voluntay depaure

ORDERS

IT IS HEREBY ORDERED that the respondents applcation fr concluson

voluntay departure under Secton 2408 of the Act be denied

IT S HEREBY ORDERED that the respondent be removed from United States

and epoed to Mexco on the hare contaned in te otce to Appear

signature

A205-324473

Please see the next page for electronic

DAVID C ANDERSOImmigration Jude

4 December 2 2013

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Imigration Judge DAVI C. ANERSO

arsda o Fbruary 4, 2014 at :46 PM GT

A205-3447 5 December 2, 2013

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mariana gonzalez-hernandez, a205 324 473 (bia july 14, 2015)

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