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Department of Justice
Executive Office for Immigration Review
A 205-496-491
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
[)crutL ct1AA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Cole, Patricia A.
Greer, Anne J.
Pauley, Roger
File:
Date:
APR
2015
APPEAL
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:
Pro se
John P. Ellington
Deputy Chief Counsel
CHARGE:
Notice:
Sec.
212( a)(6 )(A)(i), l&N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled
The Department of Homeland Security ("DHS") appeals from the Immigration Judge's
November 27, 2012, decision. In that decision, the Immigration Judge extended the respondent's
voluntary departure period. The case will be remanded.
On September 25, 2012, the Immigration Judge granted pre-conclusion voluntary departure
to the respondent. The order granted the respondent 60 days to voluntarily depart the United
States and advised the respondent that, pursuant to 8 C.F.R. 1240.26(b)(3)(iii), the grant of
voluntary departure would be terminated automatically, and an alternate order of removal would
take effect immediately, if the respondent filed a motion to reopen or reconsider during the
voluntary departure period, which ended on November 30, 2012.
Subsequently, the respondent filed a letter indicating that he wanted more time to voluntarily
depart the country because of his wife's poor health. However, this letter was not served on the
DHS. As aforementioned, the Immigration Judge extended the respondent's voluntary departure
period on November 27, 2012. On appeal, the DHS argues that the Immigration Judge erred in
granting the respondent's voluntary departure extension request.
We find that remand of proceedings is warranted. Here, the Immigration Judge granted the
respondent's voluntary departure extension request with no opportunity for the DHS to respond.
We therefore find it necessary to remand the case to the Immigration Judge to hold a hearing or
get the written positions of the parties.
Cite as: Juan Jose Diaz-Juarez, A205 496 491 (BIA Apr. 1, 2015)
IN REMOVAL PROCEEDINGS
2
Cite as: Juan Jose Diaz-Juarez, A205 496 491 (BIA Apr. 1, 2015)
Board Member Patricia A. Cole dissents from the majority's decision to remand these
proceedings because the "U granted the respondent's voluntary departure extension request"
without notice to the DHS.However, the Immigration Judge did not extend voluntary departure.
Rather, the Immigration Judge vacated his prior voluntary departure order of September 25,
2012, and sua sponte granted the respondent voluntary departure until January 10, 2012..The
Immigration Judge acted within his authority pursuant to 8 C.F.R. 1003.23(b)(l). I also note
that by virtue of the DHS appeal on December 5, 2012, and the May decision to remand these
proceedings to adjudicate respondent's period of voluntary departure, that the respondent's
period of authorized stay is now well over 3 years.
,.,.1.
1
I
IMMIGRATION COURT
3400 CONCORD ROAD,
YORK,
PA
SUITE 2
17402
In the Matter of
Case No.:
DIAZ-JUAREZ,
JUAN JOSE
A205-496-491
MOVAL PROCEEDINGS
Respondent
JUDGE
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If the
ORDER OF
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withdrawn.
until
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respondent is to pos
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IN
Appeal:
Waived
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