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U.S.

Department of Justice

l - .

Executive Office for Immigration Review


Board of Immigration Appeals
Office of the Clerk
5 /07 Leesburg Pike, Suite 2000
Falls Church. Virginia 22041

DHS/ICE Office of Chief Counsel - ATL


180 Ted Turner Dr., SW, Ste 332
Atlanta, GA 30303

Date of this notice: 12/7/2015

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

bonrtL C

a.Jv'L)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John
O'Leary. Brian M.
Holiona, Hope Malia

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index/
Cite as: J-G-B-V-, AXXX XXX 018 (BIA Dec. 7, 2015)

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

Shabani, Michael Moosavi


Shabani & Associates, P .C.
1318 Alford Avenue, Suite 202
Birmingham, AL 35226

U.S. Department oJustice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: 018-Atlanta,GA

Jmlomllllllv

IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Michael M. Shabani,Esquire
APPLICATION:

Continuance

The respondent, a native and citizen of Mexico, appeals the decision of the Immigration
Judge dated June 20,2014, denying his request for a continuance. We review an Immigration
Judge's findings of fact for clear error, but questions of law, discretion, and judgment, and all
other issues in appeals,de novo. 8 C.F.R. I 003. l(d)(3)(i), (ii). Upon our de novo review, in
light of the totality of the circumstances presented in this matter, including the evidence
regarding the respondent's Petition for Special Immigrant Juvenile Status (Form I-360) and the
lack of any opposition from the Department of Homeland Security either before the Immigration
Judge or on appeal, we will remand the record to the Immigration Judge for further consideration
of whether a continuance is warranted in this matter.
ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with the foregoing opinion and the entry of a new decision.

Cite as: J-G-B-V-, AXXX XXX 018 (BIA Dec. 7, 2015)

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

In re:

DEC - 7 2015

Date:

'-"'

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA

018

June 20, 2014

In the Matter of
)
)
)
)

J-B
RESPONDENT
CHARGES:

Section 212(a)(6)(A)(i).

APPLICATIONS:

None.

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT: MICHAEL SHIVANY, Esquire


ON BEHALF OF DHS: KELLEY N. SYDNOR, Esquire

ORAL DECISION OF THE IMMIGRATION JUDGE


The respondent is a native and citizen of Mexico who filed written pleadings
acknowledging proper service of the Notice to Appear, admitting the factual allegations
and conceding removability on October 22, 2010 (Exhibit 2-B).
After a number of continuances for CIS adjudication of a special immigrant
juvenile petition, the Court was made aware that that petition has been denied.
At today's hearing, the respondent requested no relief from the Court, including
voluntary departure.
Given the fact that removability has been established by clear and convincing

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File:

., :

:---

........./

evidence, the Court orders removal from the United States to Mexico on the charge
contained in the Notice to Appear.

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

J. DAN PELLETIER
Immigration Judge

018

June 20, 2014

......,_ __

CERTIFICATE PAGE
I hereby certify that the attached proceeding before JUDGE J. DAN PELLETIER,

ATLANTA, GEORGIA
was held as herein appears, and that this is the original transcript thereof for the file of
the Executive Office for Immigration Review.

FREE STATE REPORTING, lnc.-2


OCTOBER 5, 2014
(Completion Date)

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in the matter of:

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