Date post: | 07-Aug-2018 |
Category: |
Documents |
Upload: | immigrant-refugee-appellate-center-llc |
View: | 216 times |
Download: | 0 times |
of 6
8/21/2019 M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
1/6
Erwin. Anna
Kuck Immigration Partners
365 Northridge Rd. Suite 300
Atlanta. GA 30350
U S
Department of Justice
Executive Onice for Immigration Review
Board o mmigration Appeals
Office o he Clerk
j 07 /.e sburg 1'1/ce. Suite innn
oils
Church l trg1111u }OSJO
DHSIICE Office
of
Chief Counsel - A TL
180
Spring
Street. Sui te 332
Atlanta
G
30303
Name: M M . M G A 194
Date of this notice: 6/1/2015
Enclosed is a copy
of
the Board s decision and order in the above-referenced case.
Enclosure
Panel Members:
Holmes
David
B
Sincerely,
Donn L c
v . J
Donna Carr
Chief
Clerk
Userteam: Docket
For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/
g
g
p p
Cite as: M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
8/21/2019 M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
2/6
U.
S. Depa rtm en
t
of
Jus t ice
Executiv
e Office
for
Im
migration Review
Decis
ion of h
e
Boa
rd of Immigration
Appeals
Falls Church
,
Virginia 2
0530
File:
194 - A
tlanta. GA
I
n re:
-M
IN REMO
VAL PROCEE
DINGS
AP
PEAL
Date:
ON BEHAL
F
O
RESPON
DENT: Ann
a Erwin, Esqu
ire
CHAR
GE:
UN 01201
5
Notice:
Sec. 212(a )
(4)(A), l&N A
ct 8 U.S.C.
I 182(a)(4)(A)]
-
Public charge
Sec.
212(a)(7)(A)( i
)(I), I&N Act 8
U.S.C. I 18
2(a)(7)(A)(i)(I
)] -
Im mig r
ant - no valid i
mm igrant visa or
entry docum
ent
APPLICATIO
N: Continu a
nce
The responde
nt, a native an
d citizen of E
l Salvador, ap
peals from th e
Imm igration
Judge's
decision d
ated Septemb
er 23, 2014, d
enying her re
quest for a co
ntinuance an d
ordering her
rem
oved. The rec
ord will be rem
anded.
We re
view for clear
error the find
ings
of
fact,
including the
detenninatio n
o
f credibility
,
made b
y the Immigra
tion Judge. 8 C
.F.R. 1003. l
(d)(3)(i). W e
review de novo
all othe r issue
s,
inclu
ding whether
the parties hav
e met the rele
vant burden of
proof, and i
ssues
of
discre
tion.
8 C
.F.R. I003.
1 (d)(3)(ii).
On Sep
tember 23, 20
14, the respo
ndent provid e
d the Immig r
ation Judge w
ith a brie f
rega r
ding her eligib
ility for Spec
ial Immigrant
Juvenile ( SIJ
) status, as w
ell a Peti tion
for
Legitimation a
nd Modificatio
n
of
Custody
that had been
filed in Georg
ia state court (
Tr. at 3).
The respo n
dent requested
a continuan c
e pending the
adjudication of
this petition
, which, she
argued
, ifgranted, w o
uld serve as th
e predicate ord
er for an SIJ s
tatus petition.
The Departm e
nt
of H
omeland Secu
rity ( DHS ) o
pposed the co
ntinuance, arg u
ing that, unde
r Georgia state
law,
a petition for deprivation will not
be
gr anted where th e child remain s in the custo dy
of
one
parent (T
r. at 3-4).
1
ee former 0 .C .
G.A. 15-11 -
2(8) (West 201
3) (setting for
th the defmitio
n
of a
deprived child
). The Immi
gration Judge
declined to c
ontinue proce e
dings, noting
the
DHS's oppo
sition and sta
ting that, in th
e state
of
Ge
orgia. custo d
y by one par e
nt does not
q
ualify for Spec
ial Imm igran t
Juvenile Statu
s (I.J. t 2) .
We note that
HB 242, 2013
-2014 Leg., R
eg. Sess. (G a
. 2013) chang
ed the definit
ion of
deprived ch i
ld (now depe
ndent child ) e
ffective Janua
ry 1 2014. ee
O.C.G.A. 1
5-11-2(22)
(West 2014) .
p p
Cite as: M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
8/21/2019 M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
3/6
194
Although there is no fonnal requirement for the Immigration Judge to list each factual
finding, an oral decision must accurately summarize the relevant facts, reflect the Immigration
Judge's analysis
o
the applicable statutes, regulations, and legal precedents, and clearly set forth
the Immigration Judge's legal conclusions.
Matier
o
A-P-
22 I&N Dec. 468 (BIA 1999). The
Immigration Judge's decision, as presently constituted, does not provide us with a meaningful
basis for appellate review.
See generally Matter o/S-H-
23 l&N Dec. 462, 463-65 (BIA 2002)
(stating that Immigration Judges should include in their decisions clear and complete findings
o
fact that are supported by the record and are in compliance with controlling law). The
respondent stated on the record and argued in her brief that she was not seeking an order o
dependency (or deprivation, under the former state code) from the state court, but instead an
order granting her father sole custody, which would then serve as a predicate order for
SU
status.
See section 101(a)(27)(J)
o
the Immigration and Nationality Act, 8 U.S.C.
§
110l(a)(27)(J)
(requiring that an alien seeking SU status e declared dependent on a juvenile court or placed
under the custody
o
an individual ). The Immigration Judge's decision did not address this
argument.
Accordingly,
we
will remand the record for Immigration Judge to consider this argument,
and determine whether good cause exists for a continuance. See 8 C.F.R. §§ I 003.29, 1240.6:
Matter
o
Hashmi 24 l&N Dec. 785 (BIA 2009) (discussing the factors to be considered in
detennining whether good cause exists to continue proceedings to await adjudication o a
family-based visa petition). We note that, absent evidence
o
an alien's ineligibility for SJJ
status,
an
Immigration Judge should, as a general practice, continue or administratively close
proceedings to await adjudication o a pending state proceeding that could serve as a predicate
order for SIJ status.2 On remand, the respondent will provide the court with updated information
regarding the status
o
her state court petition.
Accordingly, the record will e remanded as set forth below.
ORDER: The record is remanded to the Immigration Judge for further proceedings and the
entry o a new decision.
~
FOR THE BOARD
2
We separately note that guidance provided to Immigration Judges by the Chief Immigration
Judge states that i an unaccompanied child is seeking SU status, .. the case must be
administratively closed or reset for that process to occur in state or juvenile court.''
Memorandum from Brian M O'Leary, Chief Immigration Judge, to Immigration Judges
(Mar. 24, 2015) (Docketing Practices Relating
to
Unaccompanied Children Cases and Adults
with Children Released on Alternatives to Detention Cases in Light o he New Priorities).
2
g g p p
Cite as: M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
8/21/2019 M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
4/6
U
NITED STATE
S DEPARTM
ENT OF JUST
ICE
E
XECUTIVE O
FFICE FOR IM
MIGRATION
REVIEW
UNITE
D STATES IM
MIGRATION C
O U R T
ATLANT
A, GEO R GIA
File:
19 4
In the M
atter of
)
M
)
)
RESPONDE
NT
)
CH
ARGES:
Section 21
2 a) 6){A) i).
APPLICA
TIONS: Co
ntinuance.
ON
BEHALF OF R
ESPONDENT
: ANNA IRWIN
ON
BEHALF
O
OH S: KELLEY
N
SYDNOR
September 23
, 2014
IN REM OVAL
PROCEEDIN
GS
ORAL DE
CISION OF TH
E IMMIGRAT
ION JUD G E
The respon
dent is a fema
le native and c
itizen o El Sa
lvador who w
as placed in
remova
l proceedings
with the filing
o a Notice to A
ppear w ith th
e Cour t chargi
ng
re
m
ovability purs
uant to the pro
visions
o
212
a) 6) A) i)
o
t
he INA Exhib
it 1 . Th e
respond
ent filed writte
n pleadings ac
knowledging p
roper service
o the Notice
to
Appear, admitting the factual allegations Exhibit 2). Along with the
1 213
Exhibit 2), the
C
ourt would find
that removabi
lity has been e
stablished by
clear and conv
incing
evidence
The respon
dent was rele
ased from the
custody o th e
ICE, Departm
ent o
1
p p
8/21/2019 M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
5/6
Homel
and Security, i
nto the custod
y o her father
, Juan Pablo
Mart inez Quea
r. That
individua
l
s
present
n
C
ourt today.
The
respondent, th
rough counse
l, requests a c
ont inuance to
apply fo r Spe
cial
Im m
igrant Juvenile
Status. The
Governm ent o
pposes that c
ontinuance, p
ointing out
that in
the state
o
Ge
orgia, the cus
tody by one pa
rent does no
t quali fy for Sp
ecial
I
mmigrant Juve
nile Status. T
he Court dec
lines to continu
e the case fo
r a matte r that
does not appe
ar to be appro
vable, pursua
nt to the Cour
t s understand
ing and the
position o the
Govern ment.
No othe
r relief w as re
quested.
ORD
ER
IT
IS H ER EBY
ORDERED th
at the respond
ent is ordered
remove d from
the
United State
s to El Salvad
or on the cha
rge conta ined
in the Notice
to Appe ar.
sign ture
A
-194
teaase
efhe
next 12age
fo
r el
e troni
J. DAN P E
LLETIER
Immigratio
n Judge
Sept
ember 23, 201
4
p p
8/21/2019 M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)
6/6
•
I s
l
Inunigration Judge
J.
D N
PELLETIER
pe l
le t i
j
on Apr
il
1
2
15 t
7:0
3 PM
GMT
194
S
epte
m be
r 23
201
4
g g p p