U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office ofthe Clerk
5107 J.eesb11rg Pike. S1111e 2000
Falls Cl111rch. Virgmia 20530

OHS/ICE Office of Chief Counsel - SOC

146 CCA Road, P.O.Box 248
Lumpkin, GA 31815

Name: RAUDALES-ZUNIGA, BRYAN E ...

A 206-795-052

Date of this notice: 6/11/2015

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

DonrtL c
Sincerely,

t1/lA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David 8.

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Bryan Emmanuel Raudales-Zuniga, A206 795 052 (BIA June 11, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

RAUDALES-ZUNIGA, BRYAN EMMANUEL

A206-795-052
STEWART DETENTION CENTER
146 CCA ROAD, P.O. BOX 248
LUMPKIN, GA 31815

Decision of the Board of Immigration Appeals

U.S. Department of Justice

Executive Office for Immigration Review

Falls Church, Virginia 22041

Date:

A206 795 052 - Lumpkin, GA

JUN 112015

In re: BRYAN EMMANUEL RAUDALES-ZUNIGA

IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Pro se
ORDER:
The transcript of the proceedings reflects that the 19-year-old respondent, who was then
represented by counsel, was granted voluntary departure under safeguards at a hearing held on
April 9, 2015. 1 The actual hearing preceding the entry of the Immigration Judge's summary
order unfortunately was not recorded for unknown reasons, which the Immigration Judge at
some point recognized. Accordingly, the Immigration Judge thereafter summarized on the
record what had occurred and respondent's counsel agreed on the record with this summation.
None of the recorded testimony, however, includes any colloquy with the respondent himself
or includes any specific discussion on the record regarding the respondent's waiver of his appeal
rights. And, the respondent has now filed a timely Notice of Appeal raising various issues,
including a disclaimer that he told his attorney he wanted to return to Honduras. Given this state
of the record, we conclude it is best to vacate the Immigration Judge's summary order and
remand the case for further proceedings on the record. 2 Accordingly, the record is remanded to
the Immigration Judge for further proceedings and entry of a new decision.

FOR THE BOARD

I

The summary of the Immigration Judge's oral decision states that "voluntary departure was
denied." This was clearly a scrivener's error given the discussion of the issue on the record, the
fact that this check-marked line includes the inked date of "5-11-15" (which would only be
relevant if voluntary departure was granted) and also has an additional inked notation "VDS",
and the fact that docketing records reflect that the respondent was granted voluntary departure.
2

There are various references in the record to the respondent's mother's application for a
U nonimmigrant visa that was pending before the United States Citizenship and Immigration
Services (USCIS). Although separate from these proceedings, it should be determined if there
has been a resolution of her application.

Cite as: Bryan Emmanuel Raudales-Zuniga, A206 795 052 (BIA June 11, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

File:

-.,._

.f"'J

In the Matter of

.:.:{

.._

IMMIGRATION COURT
146 CCA ROAD, PO BOX 248
LUMPKIN, GA 31815
Case No.: A206-795-052
IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

--

Immigrant & Refugee Appellate Center, LLC | www.irac.net

RAUDALES-ZUNIGA, BRYAN EMMANUEL

Respondent

This is a summary of the oral decision entered on

If the
This memorandum is solely for the convenience of the
proceedings should be appealed or reopened, the oral
will become
the official opinion in the case.
[ ) The respondent was ordered removed from the United States to
or in the alternative to.
.,..,--/
( Respondent's application for voluntary departure was denied and
//\,
:..J
rG-&i;eFl:89R:t , 12 a or?area :cewauaQ te oz in tlxe
alternative to .JJ.r./VD (.) ILA-S.
Respondent's app{iation for voluntary departure was granted until
upon posting a bond in the amount of S
with an alternate order of removal to .
Respondent's application for:
[ J Asylum was ( )granted
)denied( )withdrawn.
[ ] Withholding of removal was ( )granted ( )denied
)withdrawn.
[
]
A
Waiver
under
Section
was
(
)
granted
(
)
denied
( )withdrawn.

f
".
_ - '\. [ ] Cancellation of removal under section 240A(a) was ( )granted ( ) denied
'ftd.._
( )withdrawn.
-, Respondent ' s application for:
[ ] Cancellation under section 240A(b)(1) was ( ) granted
) denied
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Adjustment of Status under Section
was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Respondent's application of ( ) withholding of removal ( ) deferral of
removal under Article III of the Convention Against Torture was
( ) granted ( ) denied ( ) withdrawn.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a
until --As a condition of admission, respondent is to post a$ ---- bond.
Respondent knowingly filed a frivolous asylum application after proper
notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge's
Proceedings were terminated.
Other:
Date: Nu 11: 2015

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