Name: WILSON, NICOLE NATALIE

U.S. Department of Justice

Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pike, Suite 2000
Fals Church. Vrginia 20530
OHS/ICE Ofce of Chief Counsel - MIA
333 South Miami Ave., Suite 200
Miami, FL 33130
A 087-397-965
Date of this notice:
7/23/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Grant, Edward R.
Sincerely,
Dona Carr
Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Nicole Natalie Wilson, A087 397 965 (BIA July 23, 2014)
U.S. Department of Justice
Executive Ofce fr Imigation Review
Falls Church, Viginia 20530
File: A087 397 965 - Miami, FL
Decision of te Board of Imigation Appeals
Date:
JUL
2 3 2014
In re: NICOLE NATALIE WILSON a.k.a. Nicole N. Wilson
I RMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RSPONDET: Pro se
ON BEHALF OF DHS: Heidi Shulman-Pereira
Assistat Chief Counsel
APPLICATION: Remand
Te respondent, a native and citizen of Jamaica, appeals fom the March 14, 2013, decision
of te Immigation Judge, ordering her removed fom te United States. Wit her Notice of
Appeal, the respondent has fled new documentary evidence, which we constue as a motion to
remand. The Departent of Homeland Security opposes the appeal. Te record will be
remaded fr fther proceedings.
On appeal, te respondent has submited documentay evidence to indicate that her United
States citizen husband has fled a visa petition (For I-130) on her behalf with the United States
Citizenship and Immigation Services ("USCIS"). The respondent has also submitted supporg
documentation to establish the bona fde nate of her mariage. Thus, considering the totality of
circumstances presented in this case, te proceedings will be remanded to the Immigation Judge
to provide the respondent with an opportnity to seek a frther continuance while she awaits
adjudication of the Form 1-130, by the USCIS, so tat she may ultimately seek adjustment of
stats under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a). See, e.g.,
Mater of Hashmi, 24 I&N Dec. 785 (BIA 2009); Mater of Velarde, 23 I&N Dec. 253 (BIA
2002).
Accordingly, the fllowing order will be e tered.
ORDER: The record is remanded to the
consistent with the fregoing opinion ad fr te enty
igation Cour fr frther proceedings
a new decision.
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Cite as: Nicole Natalie Wilson, A087 397 965 (BIA July 23, 2014)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
MIAMI, FLORIDA
File: A087-397-965
In the Matter of
March 14, 2013
NICOLE NATALIE WILSON
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: Section 237(a)(1 )(8) of the Immigration and Nationality Act, a
nonimmigrant who has remained in the United States longer than
permited.
APPLICATIONS: None.
ON BEHALF OF RESPONDENT: PRO SE
ON BEHALF OF OHS: HEIDI SHULMAN-PEREIRA
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is an adult female, native and citizen of Jamaica. She
had been admitted to the United States in the spring of 1997 as a temporary visitor for
business, authorized to remain not to exceed April 17, 1998. She remained beyond that
day without any extension or authorization by the Department of Homeland Security and
that initiated the proceedings on March 8, 2011 with the issuance of a Notice to Appear
served personally on her April 8, 2011. That was marked at a hearing on August 9,
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2011 by Immigration Judge Pedro Miranda as Court's Exhibit 1.
1
At a master calendar hearing conducted on March 6, 2012, the Cour
advised the respondent as to the nature and purpose of these proceedings, the pending
allegations and charge, right to counsel, and an adjourment with a legal aid list to see
if she could come back before the Cour with counsel of her choice. She indicated that
she needed some additional time in order to get her funds together to pay for counsel.
The Court noted that she could not get sufficient funds that these services on the list
might be available at free or minimal charge. The case was adjoured until August 2,
2012 to see if she could be represented. At the August 2, 2012 hearing she indicated
she could not find any attorney to represent her. The Cour then swore her in and she
admitted the five allegations and conceded the charge of removal and the Court found
that based on those admissions and concession removal is established by clear and
convincing evidence. Afer explaining to her the right of designation of country she
designated Jamaica.
The Cour granted her an additional continuance from August 2, 2012 to
November 8, 2012 to again see if she could come back befre the Cour with an
attorney of her choice or again from the update list of legal serices that were provided
to her. The respondent has been unable to find counsel and the case was continued
until today, March 14, 2013 to give her one last opporunity to file both an I Form 601,
212(h) waiver in conjunction with an 1-130 by her United States citizen husband who I
believe has accompanied her on most if not all of the previous hearings as well as
today. She has not made much efort in tring to get an attorney on her own. She
indicated she called one organization on the three page list of legal serices and no one
answered the phone. She could not adequately answer why she did not try to pursue
1 Judge Miranda retired from federal practice and this case was reassigned.
A087-397-965 2 March 14, 2013
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other organizations on the list or from any other outside source to represent her. The
Cour proceeded with her hearing today and while the respondent has not prepared and
filed for any relief, the Cour has found that any relief is now abandoned for lack of
prosecution by the respondent. There being no relief befre the Cour the following
orders are hereby entered.
ORDER
Respondent is found subject to removal based on the charge contained in
the Notice to Appear.
Further order, respondent is ordered removed from the United States to
Jamaica.
signature
A087-397-965
Please see the next oage for electronic
J. DANIEL DOWELL
Immigration Judge
3 March 14, 2013
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' .
/Isl/
Imigration Judge J. DANIEL DOWELL
dowelljd on June 10, 2013 at 11:27 A GMT
A087-397-965 4

f
March 14, 2013
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