U.S.

Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals
Qffice of the Clerk
5107 leesburg Pike. Suite 2000
Fa/Js Church, Virginia 22041

OHS /ICE Office of Chief Counsel - RG1

333 South Miami Avenue, Suite 200
Miami, FL 33130

Name: DIAZ JAVECH, LAZARO RANDY

A 095-512-138
Date of this notice: 11/5/2015

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

Don.n.L

ca.AA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Lazaro Randy Diaz Javech, A095 512 138 (BIA Nov. 5, 2015)

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

DIAZ JAVECH, LAZARO RANDY

813057/A095-512-138
CALHOUN CORR. INST
19562 SE INSTITUTION DR
BLOUNTSTOWN, FL 32424

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

_ . .,.--Falls Church, Virginia 22041

Date:

File: A095 512 13 8 - Miami, FL

In re: LAZARO RANDY DIAZ JAVECH a.k.a. Lazaro R. Diaz

NOV - 5 2015

APPEAL AND MOTION

ON BEHALF OF RESPONDENT: Pro se
ONBEHALF OF DHS: Steven R. Parrish
Assistant Chief Counsel
APPLICATION: Remand
The respondent, a native and citizen of Cuba, who previously adjusted his status to lawful
permanent resident on June 9, 2004, appeals the Immigration Judge's June 18, 2015, decision in
which he determined that the respondent had abandoned his applications for relief.
Considering the totality of the circumstances presented in this case, we find remanded
proceedings warranted to allow the applicant a further opportunity to pursue an application for
adjustment of status in conjunction with a waiver of inadmissibility, and any other form of relief
from removal for which he is eligible. We recognize that the respondent, who was unrepresented
in the proceedings below, did not file his applications for relief by the date set by the
Immigration Judge. However, a review of the record reveals that the Immigration Judge
provided confusing and erroneous instructions as to how such applications for relief were to be
filed (Tr. at 6-7). In particular, we note that the Immigration Judge advised the respondent that
his applications for relief must be signed and filed by his mother. (Tr. at 6-7). We are unaware
of any authority to support the Immigration Judge's instructions.
Accordingly, the following order will be entered.
ORDER: The record is remanded for further proceedings consistent with this opinion, and
for entry of a new decision.

FOR THEB

Cite as: Lazaro Randy Diaz Javech, A095 512 138 (BIA Nov. 5, 2015)

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

IN REMOVAL PROCEEDINGS

4\
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
333 SOUTH MIAMI AVE., STE.700
MIAMI, FL 33130

IN THE MATTER OF
DIAZ JAVECH, LAZARO RANDY
B13057

FILE A 095-512-138

DATE: Jun 18, 2015

UNABLE TO FORWARD - NO ADDRESS PROVIDED

X

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION

IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO:
BOARD OF IMMIGRATION APPEALS
OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 20530

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT

OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS_ FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE
WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 U.S.C. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
IMMIGRATION COURT
333 SOUTH MIAMI AVE., STE.700
MIAMI, FL 33130
X

OTHER:

An order of abandonment/removal has been entered due to failure

to file the applications for relief (Forms I-485/I-601), by the
deadline of 6/15/15, as requested by the Immigration Judge.

SMCOURT CLERK
FF
IMMIGRATION COURT
CC: STEVEN R. PARRISH, ASSISTANT CHIEF COUNSEL
333 SOUTH MIAMI AVE, SUITE 300
MIAMI, FL, 331300000

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

DIAZ JAVECH, LAZARO RANDY, DOC# B13057

C/0 CALHOUN C.I.
19562 SE Institution Dr.
Blountstown, Florida 32424-5156

r
,1,

CASE No: A 095 512 138

Inmate# B13057
Docket: IHP

IN THE MATTER OF:

DIAZ JAVECH, Lazaro Randy
RESPONDENT
IN REMOVAL PROCEEDINGS
ONBEHALF OF THE RESPONDENT:

Pro Se

ORDER
At a prior hearing the Respondent was notified that her applications for Adjustment of Status
(Form 1-485) and Application for Waiver (Form 1-601}, were to be filed with the Court no
later than 6/15/15.

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

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
333 SOUTH MIAMI AVENUE, SUITE 700
MIAMI, FLORIDA 33130

The Court takes notice upon review of the Record of Proceedings, that said applications have
not been filed in a timely manner. Thus, this Court finds the Respondent has abandoned his
applications.
------- ---------- ----------------The Respondent has no other applications for relief pending before the Co
hereby ordered that the Repondent shall be removed and deported t CUBA.

Date:
Appeal due:

.J

:.,.

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

CERTIFICATE OF SERVICE
THIS DOCUMENT WAS SERVED BY:
MAIL ( ,/ )
PERSONAL SERVICE ( )
TO: [ ]ALI? : /; [ v}LIEN C/0 Custodial Officer [ ] LN's ATT/REP [ k ] OHS
1 1
DATE:
1,1''.Y.
BY: COURTSTAFF
.-)!
4
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