U.S.

Department of Justice

1 (

Executive Office for Immigration Review

Board ofimmigration Appeals
Office of the Clerk
5 /07 Leesburg Pike. Suite 2000
Falls Church, Virginia 2204/

DHS/ICE Office of Chief Counsel - DAL

125 E. John Carpenter Fwy, Ste. 500
Irving, TX 75062-2324

Name: ROMERO RUIZ, RENATO ANDRE

A 204-442-747
Date of this notice: 2/4/2016

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

DorutL C

WlA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Leary, Brian M.
Grant, Edward R.
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Renato Andre Romero Ruiz, A204 442 747 (BIA Feb. 4, 2016)

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Cruz, Isabel, Esq.

Law Office of Isabel Cruz, P .C.
1111 W. Mockingbird Lane
Suite 1357
Dallas, TX 75247

' t

U.S. Department of Justice

Executive Office for Immigration Review
Board ofImmigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 22041

OHS/ICE Office of Chief Counsel - DAL

125 E. John Carpenter Fwy, Ste. 500
Irving, TX 75062-2324

Name: ROMERO RUIZ, RENATO ANDRE

A 204-442-747
Date of this notice: 2/4 /2016

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms 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 court of appeals within 30 days of the date of the decision.
Sincerely,

DoYutL Ca.Nu
Donna Carr
Chief Clerk
Enclosure
Panel Members:

O'Leary. Brian M.
Grant. Edward R.
Guendelsberger. John

Userteam:

--- .L4iZ4

Cite as: Renato Andre Romero Ruiz, A204 442 747 (BIA Feb. 4, 2016)
( ........

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ROMERO RUIZ, RENATO ANDRE

A204-442-747
JOHNSON COUNTY JAIL
1800 RIDGEMAR DR.
CLEBURNE, TX 76031

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File:

A204 442 747 -Cleburne, TX 1

Date:

In re: RENATO ANDRE ROMERO RUIZ

FE9 - 4 2016

APPEAL
ON BEHALF OF RESPONDENT: Isabel Cruz, Esquire
APPLICATION: Voluntary departure under section 240B(a) of the Act
The respondent, a native and citizen of Peru, appeals the decision of the Immigration Judge,
dated September 10, 2015, denying his request for voluntary departure under section 240B(a) of
the Immigration and Nationality Act, 8 U.S.C. 1229c(a), with "safeguards" and ordering his
removal from the United States.2 See Matter of M-A-S-, 24 I&N Dec. 762, 766 (BIA 2009)
("[T]he term 'voluntary departure with safeguards' is commonly used to characterize the
requirement that an alien remain in custody until he or she departs from the United States.").
The respondent requests for this Board to grant his request for voluntary departure or, in the
alternative, remand the record for further proceedings.
We do not condone the respondent's criminal history. Nonetheless, upon de novo review, we
will grant the respondent's request for voluntary departure with safeguards. Before the
Immigration Judge, the Department of Homeland Security ("DHS") explicitly indicated that, in
the interest of finality, it was not opposed to the respondent's request. Moreover, the DHS has
not expressed an opposition to the respondent's appeal. Considering these circumstances, we
will grant the respondent's request for the limited privilege of voluntarily departing this country
with safeguards. See Matter of Arguelles-Campos, 22 I&N Dec. 811 (BIA 1999) (recognizing
that the authority to grant voluntary departure prior to the conclusion of removal proceedings can
be used broadly to quickly and efficiently dispose of cases); see also Matter of Yewondwosen,
21 I&N Dec. 1025, 1026 (BIA 1997) (noting that "the parties have an important role to play in
these administrative proceedings, and that their agreement on an issue or proper course of action
should, in most instances, be determinative"). We will grant the respondent 30 days to
voluntarily depart the United States.

Removal proceedings before the Immigration Judge in this matter were completed at the
Johnson County Jail in Cleburne, Texas (see OPPM No. 04-06). The Immigration Judge
conducted the hearings there remotely from the Immigration Court in Dallas, Texas, via video
teleconference pursuant to section 240(b)(2)(A)(iii) of the Act.
2

The respondent is subject to removal from the United States because he is an alien who is
present in this country without being admitted or paroled by an immigration officer or who
arrived at any time or place other than as designated by the Attorney General (I.J. at 1-2; Tr. at 2;
Exh. 1). See section 212(a)(6)(A)(i) of the Act, 8 U.S.C. 1182(a){6)(A)(i).
Cite as: Renato Andre Romero Ruiz, A204 442 747 (BIA Feb. 4, 2016)

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IN REMOVAL PROCEEDINGS

A204 442 747

For the reasons set forth above, the following orders are entered.
ORDER: The respondent's appeal is sustained and his request for voluntary departure under
the provisions of section 240B(a) of the Act is granted.

FURTHER ORDER: As a condition of voluntary departure, the respondent is ordered

detained until departure. See 8 C.F.R. 1240.26(c)(3); Matter of M-A-S-, 24 l&N Dec. 762
(BIA 2009).
NOTICE: If the respondent fails to voluntarily depart the United States within the time
period specified, or any extensions granted by the DHS, the respondent shall be subject to a civil
penalty as provided by the regulations and the statute and shall be ineligible for a period of
10 years for any further relief under section 240B and sections 240A, 245, 248, and 249 of the
Act. See section 240B(d) of the Act.
WARNING: If the respondent files a motion to reopen or reconsider prior to the expiration
of the voluntary departure period set forth above, the grant of voluntary departure is
automatically terminated; the period allowed for voluntary departure is not stayed, tolled, or
extended. If the grant of voluntary departure is automatically terminated upon the filing of a
motion, the penalties for failure to depart under section 240B(d) of the Act shall not apply. See
8 C.F.R. 1240.26(e)(l).
WARNING: If, prior to departing the United States, the respondent files any judicial
challenge to this administratively final order, such as a petition for review pursuant to
section 242 of the Act, 8 U.S.C. 1252, the grant of voluntary departure is automatically
terminated, and the alternate order of removal shall immediately take effect. However, if the
respondent files a petition for review and then departs the United States within 30 days of such
filing, the respondent will not be deemed to have departed under an order of removal if the alien
provides to the DHS such evidence of his or her departure that the Immigration and Customs
Enforcement Field Office Director of the DHS may require and provides evidence DHS deems
sufficient that he or she has remained outside of the United States. The penalties for failure to
depart under section 240B(d) of the Act shall not appl)( to an alien who files a petition for review,
notwithstanding any period of time that he or she rema1 in the United States while the petition
for review is pending. See 8 C.F.R. 1240.26(i).

2
Cite as: Renato Andre Romero Ruiz, A204 442 747 (BIA Feb. 4, 2016)

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FURTHER ORDER: The respondent is permitted to voluntarily depart the United States,
without expense to the Government, within 30 days from the date of this order or any extension
beyond that time as may be granted by the DHS. See section 240B(b) of the Immigration and
Nationality Act, 8 U.S.C. 1229c(b); see also 8 C.F.R. 1240.26(c), (f). In the event the
respondent fails to voluntarily depart the United States, the respondent shall be removed from the
United States to Peru as provided in the Immigration Judge's order.

C
'

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
DALLAS, TEXAS

September 10, 2015

In the Matter of

RENATO ANDRE ROMERO RUIZ

RESPONDENT

)
)
)
)

IN REMOVAL PROCEEDINGS

CHARGES:

Section 212(a)(6)(A)(i) of the Immigration and Nationality Act as

amended in that you are an alien present in the United States
without being admitted or paroled, who arrived in the United States
at any time or place other than as designated by the Attorney
General.

APPLICATIONS:

Request for voluntary departure under safeguards.

ON BEHALF OF RESPONDENT: STIKOVA STERNOVA, Esquire

1314 East Belt Line Road
Carrollton, Texas 75006
ON BEHALF OF OHS: MELISSA WARBURTON, Esquire
Assistant Chief Counsel
Dallas, Texas

ORAL DECISION OF THE IMMIGRATION JUDGE

Respondent is a native and citizen of Peru. He entered the United States
at Atlanta, Georgia on or about August 7, 2002. At that time, he was not admitted or
paroled after inspection by an Immigration officer. Consequently, the Department of

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File: A204-442-747

'. .
Homeland Security (hereinafter referred to as the Government) charged the respondent
with removal under Section 212(a)(6)(A)(i) of the Immigration and Nationality Act (the

admitted or paroled, who arrived in the United States any time or place as designated
by the Attorney General. Exhibit 1.
On August 27, 2015, the respondent via counsel did receive the Notice to
Appear. Also on August 27, 2015, the respondent admitted to the factual allegations
contained in the Notice to Appear and conceded to the charge of removal. Therefore,
removal was established. The respondent designated Peru as the country for removal if
that became necessary. The matter was continued until today for attorney preparation
for relief.
At today's hearing, the respondent's counsel indicated the respondent
requests voluntary departure under safeguards. The Government indicated they would
not oppose this request. The Court inquired about the respondent's criminal history.
According to respondent's counsel, in 2013, respondent has an arrest for intent to
possess a controlled substance, and the respondent's counsel identified the controlled
substance as heroin. This led to a conviction. The respondent's counsel also indicated
that the respondent violated his probation in 2015 and served 90 days in jail. He
violated his probation by the use of marijuana. A positive factor in respondent's case is
that he entered the United States in 2002 at a young age and graduated from high
school. He also has grandparents who are residents of the United States. Although his
parents are in the United States, they have no legal status.
After reviewing the facts in this case, the Court cannot accept the
agreement reached by the parties because of the serious nature of the respondent's
criminal history. Respondent has a conviction for intent to possess a controlled

A204-442-747

September 10, 2015

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Act) as amended in that he is an alien present in the United States without being

r.

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substance, in this case heroin, a dangerous controlled substance. The respondent was
given the privilege of being placed on probation and not going to jail. Rather than abide

controlled substance again, in this case marijuana and he served 90 days. The Court
finds that these negative factors outweigh the positive factors, including the
respondent's graduating from high school and his grandparents, who are residents of
the United States, and the fact that he may have come to the United States in the year
2002. Based upon the evidence of the case, the Court finds the negative factors
outweigh the positive factors and the Court will deny the respondent's request for
voluntary departure as a matter of discretion, and will be deported from the United
States to Peru.
ORDER
IT IS HEREBY ORDERED that respondent's request for voluntary
departure under safeguards be denied.
IT IS FURTHER ORDERED the respondent will then be deported from the
United States to Peru based on the charge contained in the Notice to Appear.

Dated this 10th day of September, 2015.

DEITRICH H. SIMS
Immigration Judge

A204-442-747

September 10, 2015

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by the conditions of this probation, he violated the conditions of the probation by using a

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CERTIFICATE PAGE
I hereby certify that the attached proceeding before JUDGE DEITRICH H. SIMS,

RENATO ANDRE ROMERO RUIZ

A204-442-747
DALLAS, TEXAS
was held as herein appears, and that this is the original transcript thereof for the file of
the Executive Office for Immigration Review.

DARRYL FABIA (Transcriber)

DEPOSITION SERVICES, l nc.-2
October 28, 2015
(Completion Date)

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in the matter of: