marco antonio rodriguez-gutierrez, a204 502 251 (bia dec. 8, 2015)

8/20/2019 Marco Antonio Rodriguez-Gutierrez, A204 502 251 (BIA Dec. 8, 2015)

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Eahman, JonathanReina and BatesPO Box 560386Dallas TX 75356

U.S Department of Jusice

Executive Oce r Immigraton Review

Board of Immigrtion AppelsOce of he Clek

5107 leesburg Pik, Sute 2000Falls Churc. Vrgina 2204/

DHS/ICE Office of Chief Counsel - DAL125 E. John Carpenter Fw, Ste. 500Iing TX 75062-2324

Name: RODRIGUEZGUTIERREZ MAR. A 204502251

Date of this notice: 12/ 8/2015

Eclosed is a copy of he Board's decison and order e above-rreced case.

closue

Panel Members:

Grant, Edwad R.

Sinceely,

DO caDona CarCe Clek

Usertea m: Dock

For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/

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Cite as: Marco Antonio Rodriguez-Gutierrez, A204 502 251 (BIA Dec. 8, 2015)



RODRIGUEGUTIERRE, MARCOANTONIOA204502251C/ DAVID L MOSS JUSTICE CTR300 N. DENVER AVETULSA, OK 74103

U.S Departmen of Jusice

Exective Oce r Immigration Review

Board of Immigratin AppealsOce ofthe Cerk

5107 lesburg Pk, Sute 200Fas Chuc. Vrgni 22041

DHS/ICE Oce of Chief Counsel - DA125 E John Carpenter F, Ste. 500Iing, TX 750622324

Name RODRIGUEGUTIERREZ, MAR... A 204502-251

Date of this notice: 12/8/2015

Encosed is copy of te Board's ecision n te above-referenced case Tis copy s beingprovied to yo as a cotesy. Yor atoey or representative as been served wit thisdecision prsant to 8 C.FR. § 1292.(a) f te attaced decision orders tat o ereoved om te United States or as n igration Judge deciion ordering tat obe removed, an petition r review of e attache decision mst e led wit an receivedy te approrate cor of apeals within 30 das of te ate of te decision

Enclosre

P b dwd

Sincerel

Do caDoa CarCief Clerk

Useream:

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U.S. Department of JusticeExecutive Oe r Igaon Revew

Decison of e Boad of Immgio Appeals

Fals Chuch, Vgini 22041

File: 204 502 251 - Dl, TX1

I re MACO ANTONIO ODIGUEZGUTIEEZ

I EMOVAL PROCEEDS

APPE MOTION

De

ON BEHALF OF RESPONENT onhn Emn, Esquie

PLCATION emnd

DEC - 8 2015

Te espondent appeals om Iation Judge' gst 4, 205, ecisio ordeg hm

remove om e United Sttes to Mexico Durig e peenc o the appeal te epondeed motio o remad The Depe of Homeld ecuiy ("HS) ha o led a briefo ppea Te record will be remded

We review igation udge' ding of c ce eo bu questio o w,dscetion, jdgment, and al oter isue i appeal de ovo. C.F. § 003(d)(3

The reponde' removblit unde sectio 237(a((B) of the miio d Ntioaliy Ac US.C § 122a)()(B) i o coeed I. t 3 However, the epondereqes a remd r her evaluo o hi poentil eligibiliy reie In suppo of ereqes remnd e espoden cite o pasges in te tscrp which reae to he uetion

of wehe he respodent eecivel conicted with the Immigrion udge. erespodent se he believed he w epresened by counel, but counsel w no present, eitei te Iigio Co or t he eecoeence site i Tusa, Okloma. avits om therespodent d e repondent' mohe detailing e epondets cosio nd restigdiculties in conicig wih e Igtion Judge have been submied well

Conieing e tolit o te circmnce preseed in is mae we coclude tht is itappopriate o rem· te record to the Imiio dge o povide e reponde wit reewe opporiy o megly exercie te priviege of eg repeention ( t oexpene to the Goveet) in thee remov poceedigs d renewed oppoty o pply relief om emoval Se ectio 292 o the ct, 8 USC. 1362. t e pesent ime weexpress no opno egdg the uimate ocome of ee proceedings. The owig ore ientered.

RDER: The record is reded to Imigio ou r her proeedgcosisent wi the regoig opion d the ent o ew oder

1 e Imigrio Jdge coduced ese proceeing ls Texas; he epondet appeedb eleconerece om Tuls Oom Se secon 240b)(2)((iii) of the Ac.

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UNITED STAES DEPARTMEN OF JUSTCEEXECUTVE OFFICE FR MIGRATION REVIEW

NITED SATES IMIGRATIO CRT

DALLAS,TEXAS

Fie: A204-502-251

n the Mater of

August 4 205

)MARCO ANTNO RODRIGUEZ-GUTERREZ)

)

REOVAL PROCEEDINGS

RESODENT )

CHARGE Section 237(a()(B of the Immigration and Nationaiy Act (the Act - in hat aer admission s a nonimmgrant under ection01 a(5) of the Act you have remained in the United States r alonger time than permitted in violation of this Act or any other aw othe United States.

APCAS one

O BEHALF F RESPODENT PR SER SEC/ Tusa County ail300 orth Denver AenueTulsa kahoma 7403Subject d# 35332085Fins# 47929

ON BEHALF HS HEATHER GRAHAM,Esquire

Assistant Chief CounseDalas,Texas

ORAL DECSO OF THE IMIGRAIO UDGE

Respondent is a native and citizen of Mexico He was admitted to the

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United States at an Dego, Calfrna on r about Octber 10 1997 as a non

mmgrant wth authorzatn to remain n the United States for a teporary perod not t

exceed six mnths. He remaned n the Unted States beyond sx mnths wthut

authrzation fro the Imgraton and Naturazatn Sece or ts sccessor the

Depament of Homeand Secrty Cnsequently the Deaent of Hoeland

ecrty (hereaer referred to as the Govement) charged the respndent wth remval

rsuant to Secton 237(a)(1(B) f the mmgraton and Natonaly Act (the Act) as

admed n that aer admsson a a non-mmgrant under ecton 01 (a)(15) f the Act

he has remaned in the Unted States r a onger tme than permted n olatn of th

Act r any other law of the Unted States Exhbit 1

On Juy 28 2015 before Immgraton Judge Mchael Bard the resondent

acknowledged he receved the Notce to Appear and t was laced n the record as

xhbt 1 On Juy 28 2015 the respondent nfed Jdge Bard that he was

represented by an attorney by the name f teen Hal Mr Hal faled t apear fr ths

hearng Nonetheles Judge Bard cntnued the respndent' cae unt today ugst

4 2015 to alow the respondent to seek counsel and for cunse to apear

At today's hearng n August 4 2015 the respondent appeared ro se by

vdeo The repndent ndcated that he was reresented by a person by the name f

Steve Hall and that Steve Hal had ade a request for teephnc hearng The Cu

nformed the repndent that t had nt receved any dcuments sch as an E28

ndcatng that Mr Hal repreents hm n any roceedngs In addton the Cou had

not receved any request for a teehonc hearng fro Mr al r any other aorney In

addton the Cu has nt receed any documentaton fro any atorney who cams t

represent the resndent such as an E-28 or any motn reqesting telephonic in ths

case The Curt aso asked the Government ttorney whether or not they had any

A204502251 2 August 4 2015

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notification that the respondent was represented by Mr all or any attorney

Government Counsel indicated that they had no documentation indicating that

respondent was represented by Mr all or any attorney in this case.

The Cout inds respondent has been given suicient enough tie to have

representation or Mr Hall to be present to represent him and the ou proceeded with

the respondents case and respondent spoke for himself

Respondent testiied that he is a native and citizen o Mexico that he was

admitted to the United States at San Diego Caliornia on or about October 10 1997 as

a visitor, that he had authorization to remain in the United States fr a temporary period

not to exceed six months Responden testifed that he remained in the United States

beyond six months without authorization from the Immigration Seice or the United

States Government Based on respondent's statements to the Court and his

admissions to the actual allegation the Court ound that the respondents removal had

been established by clear and convincing evidence pursuant to Section 237(a)(1 )(8) of

the Act in that he has remained in the United States r a longer time than permitted In

case removal became necessa respondent designated Mexico.

he Court ased seeral questions to deterine whether the respondent

would be eligible or any relief rom removal Respondent indicated that he is not

married and that he does not hae any children espondent uher testifed that his

parents are in the United States but they are in the United States illegally e also

testifed that he presently does not have the funds to depa the United States

voluntarily.

Based on the respondents statements to the Cou the Cou deteined

that respondent was not eligible for any relief rom removal Specifcally the Cour found

that respondent cannot establish he is eligible or cancellation o removal for ceain

A204-502-251 3 August 4 2015

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non-permanent resdents even thogh he has been n the United States snce 1997

becase he has no qualiing reatves That is the respondent does not have a spouse

or chldren that are either ctzens o the nited States or permanent resdents He

ndcated that hs arents ae the nted States illegaly.

Based on respondent's statements to the Cout the Co determned

again that there is no ree available or the respondent Accordingly the folowng order

shal enter

ORDER

IT IS EREBY ORDERED that respondent should be depoed ro the

Unted States to exco based on the charge contaned n the Notice to Appear

A20450225

t

DEITRIC H SMSImmgraton Jdge

4 Agst 4, 205

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CERTIFICATE PAGE

I hereby cei tat the attached poceeding befoe JUDGE DEITRICH H. SIMS

in the matte of:

MARCO ATOIO RODRIGUEZ-GUTIERREZ

A204-502251

DALLAS TEXAS

was eld as herein appears and that this is the original transcipt theeof fo the le of

the Executive ce for Iigration Review

EMILY OA AUSTIN (Tanscribe

DEPOSITIO SERVICES, lnc-2

Septeber 24, 2015

(Completion Date)

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marco antonio rodriguez-gutierrez, a204 502 251 (bia dec. 8, 2015)

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