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Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
,""--,
Cynthia L. Crosby
Acting Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John
Liebowitz. Ellen C
Kendall Clark, Molly
Userteam: Docket
Cite as: Jesus Gomez Marin, A092 096 240 (BIA May 4, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
1,ecutive Office for Immigration Review
INTERLOCUTORY APPEAL
The respondent has filed an interlocutory appeal from the Immigration Judge's
March 3, 2017, decision denying his Renewed Motion to Change Venue. We find it appropriate
to exercise our jurisdiction over this case and address the merits of this appeal.
The respondent has entered written pleadings, contesting the charge of removability
(Respondent's Motion to Change Venue at 1). The Immigration Judge subsequently sustained
the charge of removability during a master calendar hearing on December 29, 2016
(Respondent's Renewed Motion to Change Venue at 2). The respondent has submitted
applications for a section 212(h) waiver and for cancellation of removal. See sections 212(h),
240A(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(h), 1229b(a). He had also
indicated that he wished to apply for asylum and related relief. The respondent requests that his
case be scheduled at the San Francisco Immigration Court and the Department of Homeland
Security has affirmatively not opposed a change of venue in these proceedings. We find that
good cause has been shown, and will grant the motion to change venue.
Accordingly, the interlocutory appeal will be sustained and venue transferred to the San
Francisco Immigration Court.
ORDER: The interlocutory appeal is sustained, and the motion to change venue to San
Francisco is granted.
FURTHER ORDER: The record is remanded to the San Francisco Immigration Court for
further proceedings.
Cite as: Jesus Gomez Marin, A092 096 240 (BIA May 4, 2017)