Wilson, Robera

U.S. Bepartmeatet1astice
Executive Ofce fr Immigration Review
Boardof Imm/grat/onappea/s
OceoftheC/erk
5107 Leesburg Pike, Suite 2000
Fals Church, Vrginia 22041
Law Ofces of Sud-Devarj and Whitehead
3737 N 7th Street, Ste 157
OHS/ICE Ofice of Chief Counsel - EA
P.O. Box 25158
Phoenix, AZ 85002
Phoenix, AZ 85014
Name: SIMBRON-SANCHEZ, MARCELINO A201-029-423
Date of this notice: 4/21/2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Chales K.
Guendelsberger, John
King, Carol
Sincerely,
Donna Carr
Chief Clerk
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Marcelino Simbron-Sanchez, A201 029 423 (BIA April 21, 2011)
SIMBRON-SANCHEZ, MARCELINO
39 W. CORONA
PHOENIX, A 85041
U.S. Bepartmeatet1astice
Executive Offce fr Immigration Review
Boardof Imm/grat/onappea/s
OceoftheC/erk
5107 leesburg Pike. Suite 2000
Fals Church, Vrginia 22041
OHS/ICE Ofice of Chief Counsel - EAZ
P.O. Box 25158
Phoenix, AZ 85002
Name: SIMBRON-SANCHEZ, MARCELINO A201-029-423
Date of this notice: 4/21/2011
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a couresy. Your attorney or representative has been sered with this
decision pursuant to 8 C.F.R. 1292.5(a). If the attached decision orders that you be removed
from the United States or afirms an Immigration Judge's decision ordering that you be
removed, any petition for review of the attached decision must be filed with and received by the
appropriate cour of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
King, Carol
Sincerelv.
DC CO
Donna Car
Chief Clerk
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Marcelino Simbron-Sanchez, A201 029 423 (BIA April 21, 2011)
U.S @ bepameatetJastice
Executiw Ofce fr Imigation Revew
Decision of the Board of Im igtion Appeals
Falls Chuch, Virginia 22041
File: A201 029 423 Eloy, A
I re: MARCELIO SIMBRON-SANCHEZ
I BOND PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Roberta Wilson, Esquire
ON BEHALF OF DHS: David C. Whipple
Assistant Chief Counsel
APPLICATION: Change in custody status
PR$1I0ll
The respondent has appealed the Immigration Judge's December 13, 2010, bond order, which
set the bond aount at $20,000. We note that the respondent's eligibility fr bond is not an issue.
The appeal will be sustained.
The Immigation Judge's Januar 7, 2011, bond memorandum notes that the respondent, a
native and citizen of Mexico, has been in the United States since 1993. He has two United States
citizen children. The birh certifcates included in the record indicate that the respondent's children
are 15 and 13 years old. The bond memorandum notes that the respondent has a criminal histor,
but the Immigration Judge does not make a fnding that the respondent would be a danger. The bond
memorandum states that the respondent's avenues fr relief are limited to cancellation of removal
ad voluntay deparure and that this is "a fctor that militates against his incentive to appea at
fture proceedings.'' On this point, we note that the respondent's eligibility fr such relief would
be an incentive to attend fture proceedings.
Under te circumstances of this cae, where the respondent has resided in the United States fr
18 yeas, where he has two United States citizen children, and where he is eligible fr relief fom
removal, we fnd that a $5,000 bond is sufcient to ensure the respondent's presence at any fture
hearing.
Accordingly, the fllowing orders will be entered.
ORDER: The appeal is sustained.
FURTER ORDER: The respondent's bond is reduced fom $20,000 to $5,000.
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Marcelino Simbron-Sanchez, A201 029 423 (BIA April 21, 2011)
In the Matter of:
U.S. DEPARTMENT OF JUSTICE
Executive Ofce fr Immigration Review
Immigration Cour
1705 E. Hanna Road, Suite 366
Eloy, Arizona 85131
SIMBRON-SANCHEZ, MARCELINO
)
)
)
)
Case No.: 201-029-423
Docket: Eloy, Arizona
Respondent
In Bond Proceedings
ORDER OF THE IMMIGRATION JUDGE
Request having been made fr a change in the custody status of the respondent pursuant to 8 C.F.R. 1236. J (d)( I),
and having considered the representations of Immigration and Customs Enfrcement and the respondent, it is
HEREBY ORDERED that:
| ]
The request fr a change in the custody status of the respondent be denied.
[ -
The request fr a change in the custody status of the respondent be granted and that the respondent be:
(1)
| ]
|

released fom custody on respondent's own recognizance; or,

f
.
9
released fom custody upon posting a bond of $c-r1, q
_
(2
)
the conditions of the bond:
remain unchanged; or,
-
' r
'\!
CJ
';?:10 N
< 1 (
2 _
.-:
.
\~
[ ]
No Jurisdiction pursuant to 236 of the Act
[ ]
Other

S. .
^

Date
) /.
Appeal: RESERVAIVED r\ I I B )
_ /-
,

c
--
Immigration Judge '"
l
.

l.
/
(.
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t