SZABO, MIKLOS 13859 GILMORE STREET VAN NUYS, CA 91401

Name: SZABO, MIKLOS

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 22041

DHSIICE Office of Chief Counsel - LOS 606 S. Olive Street, 8th Floor Los Angeles, CA 90014

A 088-946-366

Date of this notice: 2/25/2013

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

Enclosure

Panel Members: Hoffman, Sharon

Sincerely,

DOWtL Cwvu Donna Can Chief Clerk

schuckec Userteam: Docket

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Cite as: Miklos Szabo, A088 946 366 (BIA Feb. 25, 2013)

U.S. Department of Justice Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A088 946 366 - Los Angeles, CA

In re: MIKLOS SZABO

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Pro se

APPLICATION: Waiver under section 216(c)(4)

ORDER:

Decision of the Board of Immigration Appeals

Date: FEB 2 5 Z013

The appeal is dismissed. The Immigration Judge's January 24, 2012, order indicates that the respondent waived appeal. The transcript also reflects that, after being given the option of appealing the Immigration Judge's decision, the respondent stated that "I don't see why would I appeal to your decision. I will accept it, whatever you decide." (Tr. at 88). The respondent later said, "I gave you all I have from my side. You make your decision. I will accept it." (Tr. at 91). He also said, "if I would appeal, I truly believe that I would get extra two or three months, you know. It's - that's not something what I'm looking for. I'm looking for, you know, final decision, and to be- go on with my life." (Tr. at 91). The respondent stated that he had an airplane ticket and that he accepted the Immigration Judge's decision (Tr. at 92-93). Under these circumstances, we find that, although the respondent filed a Notice of Appeal (Form EOIR-26), this case is not properly before us as the respondent has made no argument that the waiver of the right to appeal was not a knowing and intelligent one. Consequently, the Board lacks jurisdiction over this case. See Matter of Shih, 20 I&N Dec. 697 (BIA 1993). Accordingly, the appeal is dismissed, and the record is returned to the Immigration Court without further Board action.

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Cite as: Miklos Szabo, A088 946 366 (BIA Feb. 25, 2013)

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1t\11IDGRATION COURT 606 so~tH OLIVE sT.,·tsTH FLOOR

LOS ANGELES, CA 90014 . '!' • I ' • ""

IntheMatterof: Sea..bo) ~\K\6$ CaseNo.: oee .G4(0 3<QV, ._J,

Respondent · ·*j. · IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION· JUDGE

This is a summary ofthe oral decision entered_Q.n .JAN 2 4 2012 . /) This memorandum is solely for the c·onvenience'.ofthe parties. If the proc;7edin~s should be ap.p.eg{ed or reopened, the oral decision will become the official opinion in the case. { .· '

..,..,_j . The respondent was ordered removed from the United States to ~ O@:l f' ~ ~-~ ~ (il!lti!iiifp~CXJ=r&,/ _) (J [ ] Respondent's application for voluntary departure was denied and r@dent was ordered removed to

· · or in the alternative to-~-----..---,------[ ] Respondent's application for voluntary depatture was granted until upon posting a bond in

the-·amount of$ with an alternative order of removal to _________ _ Respondent=s application for: ; ... ::. [ ] Asylum was ( ) granted ( ) denied ( ) ~"thdrawn ( ) other. [ ] Withholding of removal was () grantM,f) denied ()withdrawn () other. [ ] Respondent's application for [ ] withl\cMing of removal [ ] deferral of removal under Article III of the

Convention Against Torture was ( )grin.'ted () denied () withdrawn () other. · .. . [ ] A Waiver under section was ()granted ()denied ()withdrawn ()other. ~

[ '] CanceH11tion of removal under section 240A(a)was () granted () denied () withdrawn () other. Respondeni-=s application for: ~ ... [ J Cancellation under section 240A(b)(l)*as ()granted ()denied ()withdrawn ()other. If granted, it was

ordered that ther,espondent be issued all appropriate documents necessary to give effect to this order. [ ] . Cancellation unler section 240A(b)(2j·was ()granted ()denied ()withdrawn ()other. If granted, it was

. ordered that the respondent be issued all appropriate documents necessary-to give effect to this order. [ J Adjustment of Status under s~9tion ·. o; . was () granted () denied ()withdrawn () other. If

granted, it was ordered tp.arfe~pondenf~e issued all appropriate documents necessary to give effect to this order. f.:::::::;? . ). .

[ ] Respondent's status was rescinded under section 246. [ ] Respondent is admitted to the United States as a until __ ~---[ ] As a condition of admission, respond~nfJs to post a~ bond. [ ] Respondent knowingly filed a frivolQ\lS'i~Yium application after proper notice. [ ] Respondent was advised of the limitll;tiQll on discretionary relief for failure to appear as ordered in the

Immigration.Judge's oral decision. ~ :.~i l.J. Proceedings were terminated. ~ Oili~ ~

Date: -~u..._...._..*--'~i---

Appea~~ ~

., .!...

TARA NASELOW-NAHAS Immigration Judge

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Cite as: Miklos Szabo, A088 946 366 (BIA Feb. 25, 2013)