U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5/07 Leesburg Pike, SuUe 2000

Falls Church, Virginia 2204/

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MBABA, BETHEL WOLFGAN DHS/ICE Office of Chief Counsel - LVG
A209-158-298 3373 Pepper Lane
HENDERSON DETENTION CENTER Las Vegas, NV 89120
18 E BASIC ROAD
HENDERSON, NV 89015

Name: MBABA, BETHEL WOLFGAN A 209-158-298

Date of this ntice: 2/3/2017

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

Sincerely,

Don,u., C t1/VL)

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Grant, Edward R.

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Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Bethel Wolfgan Mbaba, A209 158 298 (BIA Feb. 3, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A209 158 298-Las Vegas, NV Date:

In re: BETHEL WOLFGAN MBABA

FEB - 3 2017

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IN REMOVAL PROCEEDINGS

APPEAL AND MOTION

ON BEHALF OF RESPONDENT: Pro se

ON BEHALF OF DHS: Maya Timis

Assistant Chief Counsel

APPLICATION: Remand

The respondent, a native and citizen of Gabon, has appealed from the Immigration Judge's
decision dated October 11, 2016. The Immigration Judge found the respondent removable,
denied his request for a continuance, and ordered him removed. The record will be remanded.

Before the Immigration Judge, the respondent requested a continuance to pursue a U

nonimmigrant visa for victims of violent crimes. However, the respondent had not yet filed the
visa petition or obtained a law enforcement certification, so the continuance was denied (I.J. at 3).
We agree with the Immigration Judge that good cause was not shown for a continuance. See
8 C.F.R. 1240.6; Matter of Sanchez-Sosa, 25 l&N Dec. 807 (BIA 2012). See also Matter of
Rajah, 25 I&N Dec. 127 (BIA 2009); Matter ofHashmi, 24 l&N Dec. 785 (BIA 2009).

On appeal, however, the respondent has submitted a law enforcement certification and a
receipt from the United States Citizenship and Immigration Services (USCIS) indicating that he
has filed a U nonimmigrant visa petition for victims of violent crimes (Form 1-918). An alien
who has filed a prima facie approvable visa petition for a U nonimmigrant visa with the USCIS
will ordinarily warrant a favorable exercise of discretion for a continuance for a reasonable
period of time. See Matter of Sanchez-Sosa, supra. Consequently, we find it appropriate to
remand the record for further proceedings.

Accordingly, the following order will be entered.

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

FOR BOARD
'(Y'

Cite as: Bethel Wolfgan Mbaba, A209 158 298 (BIA Feb. 3, 2017)
 ,..
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LAS VEGAS, NEVADA

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File: A209-158-298 October 11 1 2016

In the Matter of

)
BETHEL WOLFGAN MBABA ) IN REMOVAL PROCEEDINGS
)
RESPONDENT )

CHARGES: Section 237(a)(1)(8) of the Immigration and Nationality Act (the

Act) - Non-immigrant remained longer than permitted.

APPLICATIONS: Continuance for a U-visa.

ON BEHALF OF RESPONDENT: PRO SE

ON BEHALF OF DHS: MAYA TIMIS, ASSISTANT CHIEF COUNSEL

ORAL DECISION AND ORDERS OF THE IMMIGRATION JUDGE

The respondent is a 37-year-old male who is a native and citizen of

Gabon. On September 7, 2016 1 the Department of Homeland Security (OHS) issued a

Notice to Appear (NTA) against the respondent. The NTA was filed with the

Immigration Court in Las Vegas on September 13 1 2016. See Exhibit 1.

The respondent was informed of his right to counsel at no expense to the

United States. See Section 292 of the Act. However, the respondent was unable to

obtain counsel, and he elected to represent himself.

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 The respondent has admitted that the four factual allegations in the NTA

are all true and correct. This includes that he was admitted as a P-1 non-immigrant on

December 18, 2010, with permission to remain until November 1, 2011. However, the

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respondent admits that he remained beyond that date without authorization from the

OHS. Based upon these admissions, as well as the Court's review of the Form 1-213 at

Exhibit 2, the Court concluded that the charge of deportability set forth above has been

sustained by clear and convincing evidence. See Section 240(c)(3) of the Act. The

Immigration Court designated Gabon as the country for removal.

At a hearing on October 4, 2016, the respondent indicated that he did wish

to prepare an application for asylum. He said he is afraid to return to Gabon because

his family practices voodoo in that country. However, at today's hearing, the respondent

advised the Court that he had not completed the application for asylum, and upon

further questioning from the Court, the respondent appeared to be focusing on an

application for.U non-immigrant visa. Accordingly, the Court finds that the respondent

has abandoned the opportunity to submit an application for asylum, pursuant to 8

C.F.R. Section 1003.31(c).

The record reflects that the respondent was charged with a domestic

violence offense in Las Vegas, following his arrest on August 16, 2016. The respondent

plead nolo contendere to this charge, and he was given a stay out of trouble order by

the Las Vegas Justice Court on September 1, 2016. It was at this time that the

respondent was taken into OHS custody. The more serious felony charge of coercion

was dismissed on September 1, 2016.

The arrest report concerning this incident provides that the respondent

had been dating an American citizen for about three months, and that he was residing

with his girlfriend at the same address in Las Vegas. When asked how he was able to

A209-158-298 2 October 11, 2016

communicate with his United States citizen girlfriend, the respondent answered that he

was able to communicate with her in a limited manner in the English language, because

she does not speak French. The Las Vegas Justice Court also ordered that the

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respondent attend domestic violence counseling for a period of six months, and that he

do 35 hours of community service or pay a fine of $345, in addition to being given credit

for two days' time served.

When the respondent was present in court on October 4, 2016, he

presented a partial application of a U non-immigrant visa, and he said he had received

assistance from an organization in Las Vegas with respect to filling out the application

for a U non-immigrant visa. The Court has explained to the respondent numerous times

that it is unlikely that the U.S. Citizenship and Immigration Services would take any

action on his application for a U visa, until such time as he has received a law

enforcement certification. Moreover, and notwithstanding the respondent's allegations

that he was a gunshot victim in the year 2014, the Board specifically stated in the case

of Matter of Sanchez-Sosa, 25 l&N Dec. 807 (BIA 2012), that there would not be "good

cause" for a continuance in removal proceedings until such time as the applicant for the

U visa has obtained the law enforcement certification. Under these circumstances, and

considering especially that the respondent is being detained in the custody of the DHS,

the Court found that "good cause11 for a continuance was not established. See 8 C.F.R.

Section 1003.29. If the respondent is able to obtain the law enforcement certification to

support the application for a U non-immigrant visa, and if he is able to obtain a prima

facie notice from the U.S. Citizenship and Immigration Services, then the respondent's

remedy would be to present this evidence to the Board.

However, in the present record, the respondent does not appear to be

eligible for any form of relief from removal, to include post-conclusion voluntary

A209-158-298 3 October 11, 2016

departure. The respondent advised the Court that he lost his passport, and it is a

requirement under the regulations at 8 C.F.R. Section 1240.26(c)(2), that the applicant

for voluntary departure has the passport in his possession, and that the DHS has a "full

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11
opportunity to inspect and photocopy the passport before voluntary departure may be

granted. Therefore, as the respondent has not established "good cause" for a

continuance concerning an application for a U non-immigrant visa, and he does not

appear to be eligible for any form of relief from removal within the jurisdiction of the

Immigration Court, the Court will enter the following.

ORDER

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

United States to Gabon pursuant to the charge contained in the NTA.

Please see the next page for electronic

signature
JEFFREY L. ROMIG
Immigration Judge

A209-158-298 . 4 October 11, 2016


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//s//
Immigration Judge JEFFRY L. ROMIG
romigje on November 17, 2016 at 11:39 PM GMT

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A209-158-298 5 October 11, 2016

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