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Hill, Peter R., Esq.

Peter R. Hill, P .C.


2250 N. Druid Hills Road., Suite 290
Atlanta, GA 30329-0000
Name: PEREZ-CANTE, MAURILIO
U.S. Department of Justice
Executive Offce fr Imigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pike, Suite 2000
Fals Church. Virginia 20530
OHS/ICE Ofce of Chief Counsel - A TL
180 Spring Street, Suite 332
Atlanta, GA 30303
A 087-459-83
Date of this notice: 8/11/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Grant, Edward R.
Sincerely,
D0 c a
Donna Carr
Chief Clerk
Tr;:1nC
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Maurilio Perez-Cante, A087 459 483 (BIA Aug. 11, 2014)
4
. U.S. Department of Justice
Executive Ofce fr Imigration Review
Decision of the Board of Imigration Appeals
Falls Chuch Viginia 20530
File: A087 459 483 - Atlata, GA
In re: MAURILIO PEREZ-CANTE
IN REMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RESPONDENT: Peter R. Hill, Esquire
ON BEHALF OF DHS: Randal W. Dunca
Assistant Chief Counsel
Date:
AUG 11 2014
APPLICATION: Contiuace; volunta deature; aministative closure
A appeal fom te Imigation Judge's decision in tis case is curetly pending befre te
Boad of Imigation Appeas ("Board").
Te respondent has moved fr admiistatve closue of tese remova proceedings as te
Deaent of Homelad ("DHS") has gate him immigaton beefts ude its Defered
Action fr Childhood Avals proga. The Notice of Defred Action indicates tat te OHS
ha eleced to defe reova action until April 23, 2016. Consideg these circustaces, te
respondet's motion will be gated. See Matter of Avetisan, 25 I&N Dec. 688 (BI 2012).
If eite pa to tis case wishes to renstate te prceding, a writte request to reinstate
te proceedings may be made to te Boad. Te Boad will tae no fe action in te cae
uless a reuest is receive fom one of te paies. Te requet must be sbmtte directy to
te Clek's Ofce, witout fee, but wit cerfcation of sece on te opposing pa.
Accordingly, te fllowing orde will be entere.
ORDER: Te proceeings befre te Boad of Imigation Appeas in this case ae
ainistatvely closed.
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Cite as: Maurilio Perez-Cante, A087 459 483 (BIA Aug. 11, 2014)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRTION COURT
ATLANTA, GEORGIA
File: A087-459-483
In the Matter of
May 23, 2013
MAURILIO PEREZ-CANTE
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: Section 212(a)(6)(A)(i).
APPLICATIONS: Continuance; voluntary deparure.
ON BEHALF OF RESPONDENT: PETER R. HILL
ON BEHALF OF OHS: GREGORY E. RADICS
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is an adult male, native and citizen of Guatemala, who was
placed in removal prceedings with the filing of a Notice to Appear with the Cour
charging removability pursuant to the provisions of 212(a)(6)(A)(i) of the INA.
Previously, on December 7, 2010, the respondent was ordered removed from the
United States. Following an appeal to the Board, in a remand dated October 22, 2012,
the Board remanded the case with instructions to make specific findings as to eligibility
for voluntary deparure or any other relief the respondent qualified for.
The issue of removability was previously resolved adversely to the respondent
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and that is not befre the Cour at the present time. Counsel fr the respondent profers
that his client has applied for Deferred Action Childhood Arrival (DACA) and requested
a continuance for adjudication of the DACA application. The Government opposed a
continuance, noting that DACA is ar extra judicial, administrative relief that is not
afected by Cour proceedings including an order by this Cour. Considering the
position of the paries, the Cour will deny the application for a continuance. It does not
strike the Cour as the best use of its time to continue the case fr adjudication of an
administrative benefit which is not afected by a Cour order.
The respondent's counsel profered that he is statutorily eligible for voluntar
deparure. The Cour accepts that profer. The Goverment then opposed no objection
to a grant of voluntary deparure. Accordingly, afer careful review of the recor, the
fllowing orders are entered:
ORDER
IT IS HEREBY ORDERED that the respondent's application for a continuance for
adjudication of his DACA application is denied.
IT IS FURTHER ORDERED that the respondent's application for voluntar
deparure under 2408 of the INA is granted.
The respondent must depar the United States on or befre June 23, 2013. The
respondent must post a bond to the Deparment of Homeland Security in the amount of
$3,000 within fve business days of today's date. If the respondent fails to post the
required bond or fails to depar as required, the privilege to voluntarily depart shall be
A087-459-483 2 May 23, 2013
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withdrawn immediately, without further notice or proceeding, and the respondent shall
be removed frm the United States to Guatemala.
A08 7-459-483
J. DAN PELLETIER
Immigration Judge
3 May 23, 2013
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' .
CERTIFICATE PAGE
I hereby cerif that the attached proceeding before JUDGE J. DAN PELLETIER,
in the matter of:
MAURILIO PEREZ-CANTE
A087-459-483
ATLANTA, GEORGIA
was held as herein appears, and that this is the orginal transcript thereof for the file of
the Executive Ofice fr Immigration Review.
FREE STATE REPORTING, lnc.-2
AUGUST 21, 2013
(Completion Date)
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