Professional Documents
Culture Documents
Department of Justice
A 205-648-373
Date of this notice: 8/10/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DcrutL C
(1ftA.)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Connor, Blair
Userteam: Docket
Date:
AUG 1 0 2016
APPEAL
ON BEHALF OF RESPONDENT: Sharon Arlene Healy, Esquire
ORDER:
The respondent, a native and citizen of Mexico, appeals from the Immigration Judge's
decision dated July 29, 2015, which granted voluntary departure under section 240B of the
Immigration and Nationality Act, 8 U.S.C. 1229c, with an alternate order of removal. The
Department of Homeland Security has not replied to the respondent's appeal. The record will be
remanded.
We review Immigration Judges' findings of fact for clear error, but we review questions of
law, discretion, and judgment, and all other issues in appeals de novo.
8 C.F.R.
1003.l(d)(3)(i), (ii).
The record shows that the respondent was pro se at the initial master calendar hearing on
June 4, 2014, when the Immigration Judge reset proceedings until November 6, 2014, to allow
him the opportunity to seek counsel (Tr. at 2). That master calendar hearing was rescheduled for
July 29, 2015, when the respondent appeared pro se and indicated that he had an attorney who
could not be there that day and asked multiple times for a continuance. The Immigration Judge
denied his requests (Tr. at 5, 8-9, 11). In his Notice of Appeal, the respondent explains the
attempts he made to obtain an attorney after his initial master calendar hearing.
Under the totality of the circumstances present here, we find that a remand is in order to
ensure a fair opportunity for the respondent to retain counsel. See Montes-Lopez v. Holder,
694 F.3d 1085, 1089-90 (9th Cir. 2012); Matter of C-B-, 25 l&N Dec. 888, 889-90 (BIA 2012).
Accordingly, the record is remanded to the Immigration Judge for further proceedings consistent
with the foregoing opinion and for the entry of a new decision.
Cite as: Rafael Gutierrez-Martinez, A205 648 373 (BIA Aug. 10, 2016)
IN REMOVAL PROCEEDINGS
.....
:....
File: A205-648-373
In the Matter of:
IN REMOVAL PROCEEDINGS
Rafael GUTIERREZ-MARTINEZ,
Respondent
CHARGE:
On Behalf of Respondent:
PRO SE
A205-648-373
by the District Director of the Bureau of Immigration and Customs Enforcement. The
respondent's voluntary departure order will be conditioned upon payment by the
respondent of a bond in the amount of $500 to the aforementioned District Director by
August 5, 2015, and upon presentation by the respondent of appropriate travel
documentation to the aforementioned District Director at some point prior to departure.
Should the respondent fail to depart the country as ordered, or fail to comply with the
conditions aforesaid to departure as set herein by the Court, then an order for his
removal to Mexico shall be entered without further notice or proceeding.
A205-648-373
country voluntarily by September 28, 2015, or any extension thereof as may be granted
,... r,
/Isl/
A205-648-373
July 29 1 2015