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Department of Justice
Executive Office for Immigration Review
A205-308-999
A 205-308-999
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
Userteam: Docket
Cite as: Jose Luis Cruz-Ortiz, A205 308 999 (BIA Nov. 21, 2014)
File:
Date:
Lumpkin, GA
NOV 212014
In re: JOSE LUIS CRUZ-ORTIZ a.k.a. Jose Ortiz a.k.a. Jose Cruz-Ortiz
IN REMOVAL PROCEEDINGS
ON BEHALF OF RESPONDENT:
APPLICATION:
Pro se
Motion to remand
The respondent, a native and citizen of Mexico, has filed an appeal of the Immigration
Judge's decision dated July 24, 2014, ordering the respondent removed from the United States to
1
Mexico. The Department of Homeland Security ("DHS") has not filed a brief in opposition to
the motion to remand or to the appeal. We will remand the record to the Immigration Court for
further proceedings.
The respondent has submitted evidence that the Petition for Alien Relative ("Form 1-130"),
filed on his behalf by his United States citizen wife, has been approved. A final rule has been
published that allows certain immediate relatives of United States citizens to request provisional
unlawful presence waivers prior to departing from the United States for consular processing of
their immigrant visa applications.
Presence Waivers,
See 8 C.F.R.
212.7(e) (2014);
See 8 C.F.R.
212.7(e)(4)(v). We will remand the record for the Immigration Judge to determine whether,
given the circumstances of this case, administrative closure is appropriate so that the respondent
may pursue his request for an unlawful presence waiver.
25 I&N Dec.
688, 696 (BIA 2012) (setting forth a non-exhaustive list of factors to be considered when
determining whether to administratively close proceedings, including the likelihood of success
on any application or petition by the respondent and the ultimate outcome of removal
proceedings when the case is recalendared before the Immigration Judge).
In light of the
Cite as: Jose Luis Cruz-Ortiz, A205 308 999 (BIA Nov. 21, 2014)
APPEAL
In the Matter of
)
)
)
)
IN REMOVAL PROCEEDINGS
CHARGES:
APPLICATIONS:
None.
File: A205-308-999
CREDIBILITY
Based upon the totality of the circumstances, I find respondent to be
credible.
A205-308-999
reason back in 1998 or 1999. Respondent indicated that other than being afraid, that
he also might be the victim of a crime in Mexico"-!here is no other reason why he
believes that someone in Mexico might harm him if he returns.
this case because he could not pay for his airfare away from the United States.
Accordingly, I have determined that an Immigration Judge will be unable
to grant any relief for which the respondent is eligible. Therefore, I have entered the
following order:
ORDER
Respondent will be removed from the United States to Mexico.
A written. order reflecting the above decision will be provided separately
and made part of the record.
DAN TRIMBLE
Immigration Judge
A205-308-999
Respondent stated that he did not want to ask for voluntary departure in
//s//
Immigration
Judge DAN
TRIMBLE
trirnbled on
September
3,
A205-308-999
July 24 2 014
,